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George Wash. Home Owners Ass'ns v. Widnall

The court denies environmental groups' and local residents' request for a preliminary injunction that would postpone the civilian reuse of Lowry Air Force Base near Denver, Colorado, until the performance of additional studies and analysis of environmental conditions at the base. The court first not...

Bamford v. Upper Republican Natural Resources Dist.

The court upholds a cease and desist order that a state natural resources district issued against a landowner, tenant farmers, and a partnership to prevent them from withdrawing groundwater from their nine wells in excess of their permitted allocation, until the district issued an additional allocat...

Mid-American Waste Sys. v. Gary, City of

The court holds that the city of Gary, Indiana, did not violate the due process rights of a municipal-landfill operator by preventing the operator's trucks from depositing nonmunicipal waste at the landfill. The operator, which had contracted with the city to operate the landfill, sued the city unde...

Kleenwell Biohazard Waste & Gen. Ecology Consultants, Inc. v. Nelson

The court holds that a Washington state-law requirement that waste disposal companies obtain a certificate of public convenience and necessity before collecting, transporting, or disposing of solid waste in the state does not violate the Commerce Clause of the U.S. Constitution. The court first hold...

Oregon Natural Resources Council v. Marsh

The court holds that the U.S. Army Corps of Engineers (the Corps) failed to comply with a prior court order directing it to prepare a second environmental impact statement supplement (EISS-2) addressing the cumulative environmental impacts of Elk Creek Dam and two other dams in the Rouge River Basin...

Friends of the Fiery Gizzard v. Farmers Home Admin.

The court holds that the Farmers Home Administration's (FmHA's) finding of no significant impact (FONSI) under the National Environmental Policy Act (NEPA) for a project to construct a dam and water treatment plant to provide a long-term supply of water to a city is not arbitrary and capricious. The...

Mannington Mills, Inc. v. Shinn

The court holds that a state environmental department did not violate the Equal Protection Clause of the U.S. Constitution by considering a vinyl flooring manufacturer's ability to pay for cleaning up environmental contamination at its Mannington Township, New Jersey, facility in designating the sit...

Muhly v. Espy

The court holds that it lacks jurisdiction over landowners' suit seeking to compel the U.S. Forest Service and other government agencies to reopen the scoping process under the National Environmental Policy Act (NEPA) in conjunction with a power company's proposal to construct a high-voltage transmi...

National Solid Wastes Management Ass'n v. Meyer

The court holds that a Wisconsin solid waste flow control law that bars in-state and out-of-state waste generators from disposing of listed recyclable materials in Wisconsin landfills unless the generators reside in a community that has adopted an "effective recycling program" violates the Commerce ...

Friends of the Fiery Gizzard v. Farmers Home Admin.

The court holds that the Farmers Home Administration (FmHA) need not prepare an environmental impact statement (EIS) for the construction of a drinking water reservoir whose only significant effect on the human environment will be beneficial. The FmHA conducted an environmental assessment (EA) of th...