The First Circuit dismissed for lack of jurisdiction Rhode Island's interlocutory appeal of an EPA Environmental Appeals Board (EAB) decision denying the state's motion to intervene in an NPDES permit proceeding. As a matter of first impression in the circuit, the court held that the collateral orde...

A district court granted environmental groups' motion to preliminarily enjoin the Secretary of Commerce from implementing his finding under the International Dolphin Conservation Program Act that the intentional deployment on, or encirclement of, dolphins with purse seine nets is not having a signif...

The Federal Circuit reversed a lower court decision that a commercial fishing company suffered a taking when its fishing permits were revoked under 1997 and 1998 Appropriations Acts. The Appropriations Acts cancelled the company's existing permits and authorization letter and prevented any further p...

A California appellate court upheld the dismissal of an association's petition challenging the adequacy of a county's environmental impact report (EIR) prepared in connection with a proposed amendment to the local coastal plan (LCP) concerning greenhouse development. After the petition was filed, th...

The Third Circuit upheld a district court decision that a state wildlife and game commission's refusal to exempt a Native American, who owns black bears for religious purposes, from a permit fee violates the First Amendment's Free Exercise Clause. The permitting scheme is subject to strict scrutiny....

A California appellate court held that the state coastal commission's development of a local coastal program for Malibu, requiring it to process coastal development permits, is constitutional. The amendment to the California Coastal Act that required the commission to prepare a local coastal plan fo...

The Fifth Circuit upheld a district court decision holding that an insurer had a duty to defend an oil company in an underlying suit in which the company was alleged to have polluted a nearby ranch. The insurance contract contained a pollution exclusion clause that would, by itself, bar coverage. Th...

The Ninth Circuit upheld the dismissal of a company's complaint alleging that Arizona state officials' policy against using materials mined from Woodruff Butte in state construction projects violates the company's constitutional rights. The Establishment Clause does not bar the government from prote...

The Ninth Circuit reversed a district court's dismissal of an environmental group's suit alleging that a power company was operating its electric-generating plant in violation of the CAA. The power company received a construction permit from EPA in 1977. In 1978, EPA incorporated best available cont...

The Federal Circuit held that a mining company did not suffer a taking when the OSM designated lands subject to the company's surface mining leases as unsuitable for mining pursuant to SMCRA. The company did not suffer a categorical taking because the company did not lose all economically viable use...