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United States v. Freeman

The court upholds a pet store owner's conviction of conspiring to illegally import Amazon parrots into the United States from Mexico. The court first holds that the evidence introduced at trial supports the jury's finding that the defendant was involved in a conspiracy to import the parrots. The def...

Yellow Freight Sys., Inc. v. ACF Indus., Inc.

The court holds a seller of land containing buildings and machinery with polychlorinated biphenyls (PCBs) and asbestos is not liable to the purchaser for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first holds that buildings on t...

Rainsong Co. v. Federal Energy Regulatory Comm'n

The court holds that the Federal Energy Regulatory Commission (FERC) failed to comply with Federal Power Act (FPA) §4(e) in denying an application for a license to build a hydroelectric plant in the Olympic National Forest. The court first holds that as amended, §4(e) requires FERC to analyze whet...

Meghrig v. KFC W., Inc.

The U.S. Supreme Court holds that §7002 of the Resource Conservation and Recovery Act (RCRA) does not authorize a private cause of action to recover the prior cost of cleaning up toxic waste that does not, at the time of the suit, continue to pose an endangerment to health or the environment. The t...

Hughey v. JMS Dev. Corp.

The court holds that the zero-discharge standard set forth in §301 of the Federal Water Pollution Control Act (FWPCA) does not apply to stormwater runoff from construction activities when compliance is impossible, there is no national pollutant discharge elimination system (NPDES) permit for the di...

Schiavone v. Pearce

The court holds that an indemnification agreement between two corporations that allocated responsibility for the liabilities of a subsidiary that one of the corporations sold to the other does not affect the seller's direct operator liability under the Comprehensive Environmental Response, Compensat...

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 ...