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Maritrans, Inc. v. United States

The court holds that the passage of the Oil Pollution Act (OPA), which requires single-hulled oil tankers to be retrofitted with double hulls or be phased out of service, did not effect a taking of shipping companies' oil tankers. The court first holds that when the companies built or acquired the v...

Southwest Williamson County Community Ass'n v. Slater

The court vacates a district court's dismissal of a community association's National Environmental Policy Act (NEPA) and Intermodal Surface Transportation and Efficiency Act (ISTEA) claims against the federal government in connection with a highway project in Tennessee. The court first holds that th...

Fireman's Fund Ins. Co. v. Lodi, Cal., City of

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt a California city's comprehensive municipal environmental response and liability ordinance. An insurer challenged the constitutionality of the ordinance. The court first dismisses...

Hawkins v. Leslie's Pool Mart, Inc.

The court holds that although the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a consumer's labeling claims, it does not preempt her defective packaging claim. The consumer brought suit against a pool company after she suffered burning sensations in her lungs and throat and h...

American Iron & Steel Inst. v. Occupational Safety & Health Admin.

The court upholds the Occupational Safety and Health Administration's (OSHA's) revised standard for the manner and conditions of use for respiratory protection in the workplace. A group representing the iron and steel industry and a group representing doctors separately challenged the revised standa...

Jeffers v. Wal-Mart Stores, Inc.

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts an employee's state-law claims against her employer regarding the labeling of pesticides, but FIFRA does not preempt state-law claims regarding the packaging of the pesticides. The employee alleged that she...

Association of Pub. Agency Customers v. Bonneville Power Admin.

The court holds that the Bonneville Power Administration's (BPA) decision to enter or extend power contracts with several direct service industries (DSIs) was not arbitrary and capricious as alleged by a coalition of consumers, public power associations, and environmental groups. The court first add...

American Rivers v. Federal Energy Regulatory Comm'n

The court dismisses environmental groups' petition to review the Federal Energy Regulatory Commission's (FERC's) refusal to initiate an Endangered Species Act (ESA) §7(a)(2) consultation regarding its ongoing regulatory authority over a power company's Hells Canyon complex in Idaho. The court first...

El Paso Natural Gas Co. v. Neztsosie

The Court holds that the tribal exhaustion doctrine does not require a district court to abstain from deciding whether Native Americans' tort claims arising from uranium mining on their reservation constitute public liability actions under the Price-Anderson Act. The defendant companies filed suit i...