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Northern Alaska Envtl. Ctr. v. Lujan

The court holds that the district court, in applying the rule of reason, did not abuse its discretion in dissolving an injunction when it held that the environmental impact statements (EISs) produced by the National Park Service (NPS), concerning the impact of any possible future mining activity in ...

Natural Resources Defense Council v. Defense Nuclear Facilities Safety Bd.

The court holds that a regulation of the Defense Nuclear Facilities Safety Board (Board) providing that the Board may close meetings, or portions of meetings, involving deliberations on its recommendations relating to the public health and safety, does not violate the Government in the Sunshine Act....

Ray Indus., Inc. v. Liberty Mut. Ins.

The court holds that a letter from the U.S. Environmental Protection Agency notifying a potentially responsible party (PRP) that it may be liable for cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not a "suit" triggering an insurer's duty to...

Soo Line R.R. v. B.J. Carney & Co.

The court holds that the owner of a Minnesota site contaminated with hazardous substances has stated a cause of action, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Minnesota Environmental Rights Act (MERA), and common law, against a dissolved corpora...

Macias v. Kerr-McGee Corp.

The court holds that a lawsuit by individuals against a chemical company for damages based on injuries resulting from exposure to thorium-containing fill material was properly removed to federal court, because the chemical company brought a third-party complaint against officials of the U.S. Environ...

Sanjour v. EPA

The court holds that an Office of Government Ethics' (OGE's) regulation allowing federal employees to accept reimbursement for expenses incurred in giving "official" speeches, but not "unofficial" speeches, is valid on its face under the First Amendment. The court first holds that the proper standar...

Moreau v. Federal Energy Regulatory Comm'n

The court dismisses claims by owners of property adjacent to a natural gas pipeline that the Federal Energy Regulatory Commission (FERC) violated the National Environmental Policy Act (NEPA), the Natural Gas Act (NGA), and the Due Process Clause of the U.S. Constitution when it issued a certificate ...

Sierra Club v. Watkins

The court holds that the U.S. Department of Energy (DOE) must prepare a new environmental assessment (EA) for the shipment of 118 spent nuclear fuel rods from Taiwan through the port of Hampton Roads, Virginia, to a processing facility on the Savannah River in South Carolina, because its 1991 EA for...

Montana Pole & Treating Plant v. I.F. Laucks & Co.

The court affirms a district court decision that Montana's two-year statute of limitations for property damage claims bars claims by a Superfund site owner against manufacturers of chemicals discarded by the owner on the site. The court holds that the discovery rule, which tolls the statute of limit...

Northwest Resource Info. Ctr. v. National Marine Fisheries Serv.

The court holds that the Ninth Circuit's exclusive jurisdiction over a challenge to a final decision of the Bonneville Power Administration (BPA) turns on the action challenged and not on the lawsuit's legal theory. In order to encourage prompt action, the Northwest Power Act (NWPA) grants exclusive...