The court holds that federal and state transportation agencies did not violate the National Environmental Policy Act (NEPA) when they failed to perform a supplemental environmental assessment (EA) after modifying the original design of a proposed freeway interchange. The court first holds that condu...

The court holds that the U.S. Army Corps of Engineers violated the National Environmental Policy Act (NEPA) when it failed to consider, in an environmental impact statement (EIS), reasonable alternatives to creating a single source of water to satisfy the needs of both a municipality and a contiguou...

The court holds that the Bonneville Power Administration (BPA), which entered into two agreements with Canada regarding rights to excess water stored in reservoirs on the Columbia River system in Canada, did not violate the Northwest Power Act (NPA) or the National Environmental Policy Act (NEPA). T...

The court holds that a Minnesota waste management statute that requires public entities to comply with county waste management plans does not violate the Commerce Clause of the U.S. Constitution by barring the importation of waste processing services. Minnesota statute §115A.46 requires public enti...

The court vacates district court sanctions that called for the suspension of three attorneys and the payment of $1 million to a halfway house, but affirms a $120,000 sanction for counsel fees and costs, which were imposed against a law firm and its client, an oil company, for discovery violations in...

The court affirms a district court decision holding that various state environmental officials' delay in approving a permit to build a pier did not violate the applicants' due process, equal protection, or First Amendment rights. In 1991, the applicants, who own a tree farm on an island off the coas...

The court affirms a district court's grant of summary judgment in favor of a local commission charged with maintaining and operating the Red River Waterway in Louisiana in an inverse condemnation suit brought against it by riparian landowners whose property was flooded after the U.S. Army Corps of E...

The court affirms a district court decision holding unripe a property owner's federal takings claim against a city for demolishing his building because the owner failed to seek compensation for the taking through available state procedures. The court holds that the property owner must bring an actio...

The court holds that the U.S. Forest Service's (the Service's) environmental impact statement (EIS) and record of decision (ROD) for a mining operation on and around Buckhorn Mountain in California did not violate the National Environmental Policy Act, the Administrative Procedure Act (APA), or Nati...

The court upholds the conviction of three individuals that organized a 20,000-person event in the Allegheny National Forest without obtaining a special permit in violation of U.S. Forest Service (the Service) regulations. The court first holds that the regulations are not unconstitutionally vague be...