The court holds that a congressional moratorium on spending funds to list species as endangered did not repeal or modify the Secretary of the Interior's obligation under the Endangered Species Act (ESA) to make a final decision whether to list the California red-legged frog within one year of propos...

The court finds genuine issues of material fact precluding summary judgment on the liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of sellers and consignees of arsenic trioxide and magnesium phosphide shipments that washed overboard or spilled durin...

The court holds that under Kansas law, subsequent tenants and purchasers with knowledge of salt contamination of a creek aquifer may recover damages, because the actionable conduct constitutes a public nuisance and the tenants and purchasers seek only temporary damages. The court holds inapplicable ...

The court holds that the U.S. Forest Service was not required to prepare an environmental impact statement (EIS) under the National Environmental Policy Act for its treatment plan to reduce a spruce bark beetle infestation in the Dixie National Forest. The court first holds that the environmental gr...

The court holds that the holder of mineral rights on land within the Missouri National Grasslands area, which is part of the Custer National Forest in North Dakota, may not proceed with mineral development without first obtaining U.S. Forest Service authorization of a surface use plan. The court fir...

The court affirms a district court decision upholding U.S. Department of Commerce (DOC) emergency regulations that reduced the fall 1993 ocean harvesting rate for Klamath River Chinook salmon. Faced with the possibility that the Pacific Fishery Management Council's recommended ocean harvest levels w...

The court upholds an amendment to the U.S. Forest Service's land and resource management plan (LRMP) for the Sylvania Wilderness Area that prohibits the use of sailboats, houseboats, and certain food and drink containers on the portion of Crooked Lake, Michigan, that lies within the wilderness area....

The court holds that the past owner of a contaminated Ohio site is liable to the current owner under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs the current owner incurred there. The current owner acquired the site from the past owner, which ...

The court enters a consent decree that settles the liability of 73 potentially responsible parties to the United States and the state of Texas for response costs incurred at a Superfund site. The court first holds that the decree is procedurally fair, because nonsettling defendants were afforded an ...

The court holds untimely a land development company's state-law claims against the majority stockholder of the company from which the development company acquired contaminated land, and holds that genuine issues of fact concerning the stockholder's participation in the former landowner's waste pract...