The court holds that the district court did not abuse its discretion in voluntarily dismissing New Mexico's challenge to the Office of Surface Mining's (OSM's) assertion of exclusive regulatory authority over surface mining on Indian lands, since appellant Navajo Tribe was not prejudiced by the dism...
The court reaffirms its earlier holding that federal water rights were impliedly reserved when Colorado's wilderness areas were designated, and holds that the Forest Service's three-page plan to protect those rights is inadequate under the Wilderness Act and the Administrative Procedure Act (APA). T...
The court holds 15 defendants jointly and severally liable under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a) for response costs at the Stringfellow site in California. The court holds that all the elements for liability under §107(a) are satisfied. The co...
The court holds that the Environmental Protection Agency's (EPA's) newly promulgated regulation under §4(a)(1) of the Toxic Substances Control Act (TSCA) requiring manufacturers and processors to test mesityl oxide (MO) for its health effects must be stayed pending further agency fact-finding. EPA ...
The court holds that a challenge to the definitions adopted in an interagency report on biotechnology fails for lack of standing and ripeness. The Coordinated Framework for Regulation of Biotechnology was developed by an interagency group in an attempt to provide the agencies with a consistent bluep...
The court holds that plaintiffs, a private nonprofit organization and its president, do not have standing to challenge the manner in which the Environmental Protection Agency (EPA) regulates the release of genetically engineered pesticides into the environment under the Federal Insecticide, Fungicid...
The court holds that failure to answer the Environmental Protection Agency's (EPA's) information requests under Resource Conservation and Recovery Act (RCRA) §3007(a) may subject a defendant to the imposition of civil penalities pursuant to RCRA § 3008(g), and neither the Fourth nor Fifth Amendmen...
The court holds that shipping toxic acrylonitrile by rail through a residential area of metropolitan Chicago is an abnormally dangerous activity for which defendant is strictly liable. The freight yard where the accident occurred was adjacent to a residential neighborhood, and the spill forced the e...
The court holds that construction of suicide barriers on a historic landmark bridge is not a transportation project requiring the use of historic land within the meaning of the Department of Transportation (DOT) Act, and the Federal Highway Administration's (FHwA's) determination that construction o...
The court holds that Wauconda, a non-home-rule village in Illinois, has the power to enact ordinances to protect the health and safety of its community under state law, but that its ordinance regulating pesticide applicators is preempted by the Illinois Pesticide Act and the Structural Pest Control ...