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United States v. Morgan

The court affirms the conviction of a hunter for possessing ducks in excess of the two-duck daily bag limit in violation of §703 of the Migratory Bird Treaty Act (MBTA). The hunter claimed that he only shot two ducks and that his dog, badly trained, retrieved the remaining ducks, which were shot by...

Brubaker Amusement Co. v. United States

The court affirms a trial court summary judgment decision holding that the Food and Drug Administration's (FDA's) tobacco regulations did not effectuate a temporary regulatory taking of vending machine owners' property because the challenged regulations were never enforced. The regulations banned th...

Bufford v. Williams

The court affirms a district court's grant of summary judgment in favor of a wastewater treatment facility sued by landowners alleging that the facility allowed pollutants to be discharged onto their property in violation of the Clean Water Act. The landowners contended that because fecal coliform w...

Citizens' Committee to Save Our Canyons v. U.S. Forest Service

The court holds that two U.S. Forest Service land transactions with a ski resort complied with the National Environmental Policy Act (NEPA) and the National Forest Management Act (NFMA). In one transaction, the Forest Service approved the construction of a large resort facility on a mountain owned b...

BP Amoco Chemical Co. v. Sun Oil Co.

The court reverses in part and affirms in part its decision on the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Delaware Hazardous Substance Cleanup Act (HSCA) liability of three corporations for costs incurred in connection with an environmental contamination c...

Borden Ranch Partnership v. Corps of Eng'rs

The court first holds that deep-ripping, when undertaken in protected wetlands, can constitute a CWA §301(a) prohibited discharge of a pollutant into a wetland. Although deep-ripping redeposits materials originally present in the wetland, activities that destroy the ecology of a wetland are not imm...

Bob's Beverage, Inc. v. Acme, Inc.

The court upholds a district court decision that a previous owner of property is not liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for any cleanup costs. The court first holds that the district court correctly found that there was no evidence that an...

Blasland, Bouck & Lee, Inc. v. North Miami, City of

The court affirms in part and reverses in part a district court decision in a breach of contract and CERCLA cost recovery and contribution case between an environmental engineering firm and a city. After the U.S. Environmental Protection Agency filed a Comprehensive Environmental Response, Compensat...

North Miami, City of v. Berger

The court holds that the two principal shareholders and officers of a land development and landfill operating company are liable as "operators" under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs incurred by the city of North Miami, Fl...