The court holds that although it has jurisdiction to hear an individual's claim for damages against a city for disrupting his construction project, the individual's due process rights were not violated. The individual was granted the necessary permits to begin preparing the site for the construction...

The court holds that the owner of a retail development lacked standing to bring Federal-Aid Highway Act (FAHA) and National Environmental Policy Act (NEPA) actions against the Secretary of Transportation and the Federal Highway Administration (FHwA) for failing to prevent a county from approving the...

The court upholds the U.S. Fish and Wildlife Service's (FWS') denial of Missouri's Freedom of Information Act (FOIA) request for certain documents produced by a nonprofit corporation involved in the conservation and protection of the Missouri River. The corporation is made up of fish and wildlife co...

The court holds that county ordinance provisions directing solid waste to designated in-state facilities do not discriminate against interstate commerce; however, provisions that prevent the delivery of waste to out-of-state processors violate the U.S. Commerce Clause. The court first holds that the...

The court holds that an 11-month period between the publication of a new statutory fee for unpatented mining claims and the compliance deadline afforded a claim holder a reasonable opportunity to comply with the deadline, and, thus, did not violate his procedural due process rights. Pursuant to the ...

The court holds that the state of Texas met the requirements for intervention as of right in various capacities in an action where an environmental group brought suit under the Endangered Species Act to enjoin various parties who pump water from the Edwards aquifer. The court first holds that the de...

The court affirms in part and reverses in part a district court decision on trespass, nuisance, strict liability, and negligence claims brought by property owners in Mississippi against a tire factory for the alleged release of carbon black and petroleum naptha. The court first holds that the simila...

The court holds that the U.S. Forest Service's management of national forests in Texas violates the National Forest Management Act (NFMA) and its regulations. As a result of these violations, the court enjoins the Forest Service from engaging in timber harvesting under any method until such time tha...

Applying Wisconsin law, the court holds that the environmental investigation costs incurred by a utility company at two sites it previously owned are not damages under the company's comprehensive general liability (CGL) policies. Wisconsin courts interpret the word "damages" in CGL clauses narrowly ...

The court holds that a nonsettling potentially responsible party (PRP) must pay a portion of past and future remediation costs incurred by settling PRPs at the Sullivan's Ledge site in New Bedford, Massachusetts. Relying on the jury's findings, the court first holds that the nonsettling party must p...