A district court held that the U.S. Department of the Interior need not release certain documents to a nonprofit group relating to the National Park Service's (NPS') proposal to enter into "benefits sharing" agreements with private parties permitting the collection and commercial use of biological m...
A district court granted in part and denied in part motions to dismiss a lawsuit challenging a local ballot initiative that prohibits the land application of sewage treatment residues in the unincorporated areas of a county. A city that generates the biosolids, as well as farms and contractors who r...
The court vacated and remanded a lower court decision ordering an insurance company to indemnify a chemical manufacturer for liability incurred as a result of environmental contamination at four sites near Niagara Falls. The district court allocated the costs of remediation equally over the years in...
A California appellate court reversed a lower court decision dismissing a citizen group's petition for writ of mandate challenging a city's approval of a shopping center. The group claimed that the city's certification of the final environmental impact report and its approval of a use permit for the...
A California appellate court upheld a county's environmental impact report (EIR) for a proposed sand, gravel, and granite mine located on ranchland near a stream. An environmental group argued that the county violated the California Environmental Quality Act (CEQA) by failing to include and analyze ...
The court dismissed individuals' Federal Tort Claims Act (FTCA) suit against the U.S. military for personal injury and property damage resulting from the U.S. Navy's operation of a training facility on Vieques Island, Puerto Rico. It is undisputed that the discretionary function exception generally ...
The court reversed the dismissal of an action challenging the U.S. Department of Agriculture's (USDA's) decision not to adopt a draft policy that would have provided guidance to zoos, research facilities, and other regulated entities in how to ensure the psychological well-being of non-human primate...
The court upheld a lower court decision denying a consortium of Florida growers' motions to amend their complaints against a fungicide manufacturer and entering summary judgment against them on their claims of fraudulent settlement, spoliation, and racketeering. The growers alleged that the fungicid...
The court affirmed in part and reversed in part a lower court decision dismissing homeowners' suit against a former landowner for allegedly dumping hazardous waste on the property before selling it to a developer. The homeowners failed to plead fraud with sufficient particularity, and the lower cour...
The court held that Texas is a suitable alternative forum for a family's California survival and wrongful death action against a chemical manufacturer in a case involving their husband and father who contracted fatal leukemia due to his alleged exposure to chemicals in both California and Texas. The...