The court holds that the National Trails System Act, which authorizes the Interstate Commerce Commission (ICC) to convert abandoned railroad rights-of-way to recreation and conservational uses, does not work a compensable taking of the plaintiff landowners' reversionary interest in abandoned railroa...

The court holds that it does not have jurisdiction under the National Environmental Policy Act (NEPA) or the Endangered Species Act (ESA) to review a county plan to construct a sewage system that has not received direct federal funds, may only indirectly receive federal funds in the future, and has ...

The court holds that the National Environmental Policy Act (NEPA) requires the Office of the U.S. Trade Representative (OTR) to prepare an environmental impact statement (EIS) on the North American Free Trade Agreement (NAFTA). The court examines whether NEPA and the Administrative Procedure Act (AP...

The court reverses a district court decision that the National Environmental Policy Act requires the Office of the U.S. Trade Representative (OTR) to prepare an environmental impact statement for the North American Free Trade Agreement (NAFTA), because the OTR's completion of negotiations on NAFTA i...

The court holds that claims of plaintiff citizen and environmental groups in a Federal Water Pollution Control Act (FWPCA) §505 citizen suit against a fluoropolymer manufacturer are not moot or barred under FWPCA §309(g), and the court grants summary judgment for the plaintiffs as to 66 monitoring...

The court holds that two former officers and shareholders of a company, which was sold to another company, are not liable as owners under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for being the holders of title to the company site for one 24-hour ...

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act's (FIFRA's) preemption of state-law failure to warn claims, does not support removal of state claims to federal court. The court holds that FIFRA preemption will not support removal because FIFRA lacks a specific grant of f...

The court holds that private citizens lack standing to bring a Federal Water Pollution Control Act (FWPCA) action, because Oregon's procedures for protecting its citizens' public interests in enforcement actions are comparable to the FWPCA. Private citizens sued the state of Oregon for permit violat...

The court grants a land developer a preliminary injunction to enjoin the U.S. Army Corps of Engineers (the Corps) from enforcing its order requiring the developer to fill completely ponds that the developer previously excavated on wetlands located within its development project boundaries, because t...

The court holds that a South Dakota court's declaratory ruling on plaintiff's constitutional challenge to a public vote requiring legislative approval for large-scale solid waste disposal facilities does not collaterally estop plaintiff's constitutional challenge to a public vote disapproving a stat...