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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...

Marbled Murrelet v. Babbitt

The court holds that evidence of a threat of future harm to the marbled murrelet, a species protected under the Endangered Species Act (ESA), supports a permanent injunction against logging in an old growth forest. The court first holds that the appellant lumber company waived its right to argue in ...

Crowley Marine Servs., Inc. v. Fednav Ltd.

The court holds that §120(a)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and §6001 of the Resource Conservation and Recovery Act (RCRA) waive the federal government's immunity from private cost recovery claims brought under state statutes. The court fir...

United States v. Lambert

The court holds a landowner's estate liable for Federal Water Pollution Control Act (FWPCA) §301 violations stemming from the discharge of fill material into the Kanawha River in West Virginia. The court holds that the government established a prima facie case and is entitled to summary judgment. T...

Idylwoods Assocs. v. Mader Capital, Inc.

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts New York law governing the capacity of a dissolved corporation to be sued, and that CERCLA liability may be imposed against a dissolved corporation whose assets have not yet been fully di...