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North Idaho Community Action Network v. Department of Transp.

The Ninth Circuit affirmed in part and reversed in part a lower court decision holding that the U.S. Department of Transportation (DOT) and the Idaho Transportation Department complied with the National Environmental Policy Act (NEPA) and the DOT Act in approving the construction of a highway improv...

Humane Soc'y v. Kempthorne

A district court vacated a U.S. Fish and Wildlife Service (FWS) rule that simultaneously designated a cluster of gray wolves in the western Great Lakes region as a distinct population segment (DPS) and removed them from the Endangered Species Act (ESA) list of endangered species. The ESA is silent a...

Alaska v. Federal Subsistence Bd.

The Ninth Circuit upheld the Federal Subsistence Board's customary and traditional use determination (C&T determination) allowing members of a rural Alaskan community to harvest moose under federal subsistence hunting regulations, which are more permissive than the state's hunting regulations. The b...

Abagnin v. AMVAC Chem. Corp.

The Ninth Circuit upheld the dismissal of Ivory Coast residents' genocide and crimes against humanity claims against manufacturers, distributors, and users of the pesticide dibromochloropropane. The residents alleged that the pesticide causes male sterility and low sperm counts and that the defendan...

United States v. Capital Tax Corp.

The Seventh Circuit vacated a lower court's grant of summary judgment in favor of the United States in its Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) suit to recover response costs the U.S. Environmental Protection Agency (EPA) incurred cleaning up contamination a...

Tex Tin Settling Defendants Steering Comm. v. Great Lakes Carbon Corp.

The Ninth Circuit held that a bird conservation group may not use the citizen suit provision of the Endangered Species Act (ESA) to challenge the Federal Communications Commission's decision to issue licenses for seven communications towers in Hawaii. Where one statute provides for exclusive jurisdi...

Fairbanks N. Star Borough v. Corps of Eng'rs

The Ninth Circuit upheld a lower court decision that it lacks jurisdiction to review the U.S. Army Corps of Engineers' (the Corps') jurisdictional determination classifying certain lands in Alaska as wetlands subject to regulation under the Clean Water Act (CWA). The case arose after a borough in Al...

Families for Asbestos Compliance, Testing & Safety v. St. Louis, City of

A district court held that a city violated the Clean Air Act (CAA) when it demolished 99 asbestos-containing buildings in connection with an airport expansion project, thereby exposing nearby residents to dangerous levels of asbestos. The national emission standards for asbestos apply to the single-...

Greater Yellowstone Coalition v. Kempthorne

A district court vacated the National Park Service's (NPS') Winter Use Plan, which would allow 540 recreational snowmobiles and 83 snowcoaches to enter Yellowstone National Park every day. The plan is arbitrary and capricious, unsupported by the record, and contrary to law. It clearly elevates use o...

Atallah v. Equilon Enters.

A California appellate court upheld a jury verdict awarding $1.7 million to an individual who bought a gas station based on intentional misrepresentations made about the environmental condition of the property. The jury’s verdict is supported by substantial evidence. The court described the case a...