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Seiber v. United States

The court holds that the U.S. Fish and Wildlife Service's (FWS') denial of an incidental take permit authorizing logging on 40 acres of protected owl habitat was neither a physical nor a regulatory taking. Contrary to the lower court's decision, the landowners' claim is ripe. Although the FWS invite...

Midwater Trawlers Coop. v. Department of Commerce

The Ninth Circuit upheld the Secretary of Commerce's decision to allocate a portion of the U.S. harvest of Pacific whiting to the Makah Indian Tribe. Because the "best available scientific information" supports a sliding scale method of allocation, the National Marine Fisheries Service's (NMFS') rel...

Defenders of Wildlife v. Secretary

A district court enjoined and vacated a final U.S. Fish and Wildlife Service (FWS) rule that reduced protection afforded to the gray wolf under the Endangered Species Act (ESA) by changing its status from "endangered" to "threatened" in some regions. The FWS' interpretation of "significant portion o...

Seattle Audubon Soc'y v. Lyons

The court dissolves a 1992 injunction that prevented the U.S. Forest Service (Forest Service) from auctioning or awarding timber sales to log suitable habitat for the northern spotted owl in Regions 5 and 6 until the Forest Service implemented revised standards and guidelines in compliance with the ...

Jaffrey, Town of v. Fitzwilliam, Town of

The court declines to exercise supplemental jurisdiction over state-law claims in an action brought by a municipal owner of a contaminated landfill asserting two Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims and nine state-law claims against waste depositors t...

Northwest Resource Info. Ctr. v. Northwest Power Planning Council

The court holds that the Pacific Northwest Electric Power and Conservation Planning Council (Council) violated the Northwest Power Act (NPA) §839b(h)(7) and the Administrative Procedure Act by failing to explain, in its final amendments to its fish and wildlife program for the Columbia River Basin,...

Nebraska v. Rural Electrification Admin.

Applying Nebraska law, the court holds that the instrument creating the Platte River Whooping Crane Maintenance Trust authorizes the trust to participate in Federal Energy Regulatory Commission (FERC) relicensing hearings for two hydroelectric projects on the Platte River and in litigation involving...

Delaware Coca-Cola Bottling Co. v. S&W Petroleum Serv., Inc.

The court holds that the installer of an underground heating oil storage tank may be held liable as an "operator" under the Pennsylvania Storage Tank and Spill Prevention Act (STSPA) for the ongoing nuisance created by an alleged release from the tank. The court first holds that this case does not i...

Johnson Controls, Inc. v. Irving Rubber & Metal Co.

The court holds that it lacks subject matter jurisdiction over third-party indemnification and duty-to-defend claims asserted by a defendant in a Comprehensive Environmental Response, Compensation, and Recovery Act (CERCLA) cost recovery action against its insurer. The claims are not closely enough ...