The court holds that a district court erred in failing to abstain under Younger v. Harris, 401 U.S. 37 (1971), in a case challenging the constitutionality of an Oregon county's solid waste ordinance. A company charged with violating the ordinance sought declaratory and injunctive relief against enfo...

The court holds that the U.S. Department of the Navy's decision to transfer a large fleet of aircraft to a Virginia naval air station located near environmental group members' homes did not violate the National Environmental Policy Act. The court first holds that the Navy's consideration of the Virg...

The court holds that the U.S. Forest Service did not violate the National Forest Management Act (NFMA) when it adopted a forest plan for the Prescott National Forest in Arizona that identified certain forest land as suitable for grazing. The court first holds that the claims alleged by the environme...

The court holds that the U.S. Forest Service did not breach a timber sale contract when, pursuant to two contract provisions, it canceled the contract to avoid jeopardizing the continued existence of the endangered northern spotted owl in the Six Rivers National Forest. The court first holds that th...

The court holds that the U.S. Army Corps of Engineers' denial of a property owner's permit application to dredge and fill wetlands on his property in the Florida keys was not a taking. The court first holds that the U.S. Supreme Court did not hold in Lucas v. South Carolina Coastal Council, 505 U.S....

The court holds that the Federal Highway Administration (FHwA) did not violate the National Environmental Policy Act (NEPA) when it approved revised plans for the construction of an airport highway without conducting a supplemental environmental impact statement (SEIS). A citizen group claimed that ...

The court holds that the U.S. Forest Service's modification of the terms and conditions of grazing permits for the Gila and Apache-Sitgreaves National Forests did not deprive permit holders of procedural due process under the Fifth Amendment. The court first holds that the permit holders have not de...

The court holds that a timber company cannot bring a takings claim against the United States for canceling a timber sales contract in the Mount Baker-Snoqualmie National Forest in Washington State, but that the company can bring a breach of contract claim under the Contract Disputes Act (CDA). The U...

The court upholds a district court decision finding that an intermunicipal agreement between a town and several villages concerning the disposal of solid waste does not violate the dormant U.S. Commerce Clause. The agreement required each village to deliver all waste generated within its jurisdictio...

The court holds that a state law preempted a county ordinance that placed a six-month moratorium on the construction of all sludge storage facilities, and, consequently, a wastewater firm could build a sludge storage facility in the county under an approved state sludge utilization permit. The court...