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Joiner v. General Elec. Co.

The court holds that a district court erred by excluding expert scientific testimony in an action in which plaintiffs seek damages for personal injuries allegedly caused by exposure to polychlorinated biphenyls (PCBs) at work. The court first sets forth the two-pronged test for admission of expert t...

Inland Empire Pub. Lands Council v. Glickman

The court upholds a U.S. Forest Service decision to sell salvage timber in the Kootenai National Forest in Montana pursuant to the salvage timber rider to the 1995 Rescissions Act. The Forest Service prepared biological assessments (BAs) for each of the sales, and after the U.S. Fish and Wildlife Se...

J.H. Miles & Co. v. Brown

The court holds that the Secretary of Commerce did not violate the Magnuson Fishery Conservation and Management Act (the Magnuson Act) or the Administrative Procedure Act (APA) in setting the 1995 commercial catch quotas for surf clams and ocean quahogs. The quotas were based on a Mid-Atlantic Fishe...

Saco Steel Co. v. Saco Defense, Inc.

The court holds that a scrap metal removal and processing company may bring suit under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against a weapons manufacturer that sold it allegedly contaminated scrap metal. The court first holds that the processor ...

Kuiper v. American Cyanamid Co.

The court holds that §24(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts farmers' state-law claims for damages to their corn crop against an herbicide manufacturer and dealer for negligent misrepresentation and deceptive advertising. The court first notes that the U.S...

Pape v. Menominee Paper Co.

The court holds that a citizen suit against a paper products manufacturer failed to state a claim under the Resource Conservation and Recovery Act (RCRA); that §309 of the Federal Water Pollution Control Act (FWPCA) bars an FWPCA citizen suit against the manufacturer; and that a genuine issue of ma...

United States v. Cohen

The court holds that §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) bars judicial review of a counterclaim by owners of a used motors operation against the U.S. Environmental Protection Agency (EPA) "preenforcement" and until after the remedial action ...

Friends of the Wild Swan v. U.S. Forest Serv.

The court holds that environmental groups that sought an injunction and declaratory judgment that the U.S. Forest Service violated the National Environmental Policy Act (NEPA) and the National Forest Management Act (NFMA) by failing to protect endangered bull trout populations and habitats, were not...

Mausolf v. Babbitt

The court holds that snowmobilers have standing to bring Endangered Species Act (ESA) and Administrative Procedure Act (APA) challenges to the closure to motorized vehicles of certain lakeshore areas in Voyageurs National Park. The National Park Service (NPS) restricted access to these areas to prot...

Marbled Murrelet v. Pacific Lumber Co.

The court reverses a district court order that preliminarily enjoined lumber companies from engaging in timber salvage operations on portions of their land in California. The U.S. Fish and Wildlife Service (FWS) consulted with the companies and provided them with information as to what they would ha...