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Lamb v. Martin Marietta Energy Sys., Inc.

The court holds that the government contractor defense was available to an operator of a gaseous diffusion plant in an action by neighboring landowners for environmental contamination of their property, but that the operator failed to establish the defense, and that state law does not permit recover...

Alpine Lakes Protection Soc'y v. U.S. Forest Serv.

The court holds that the U.S. Forest Service (Forest Service) was required by the National Environmental Policy Act (NEPA) to consider the connected and cumulative impacts of a timber company's proposed timber-management project and six applications for access-road permits to the company. The Forest...

NEPA Coalition of Japan v. Aspin

The court holds that the presumption against extraterritoriality prevents the U.S. Department of Defense (DOD) from having to prepare environmental impact studies (EISs) under the National Environmental Policy Act (NEPA) for U.S. military installations in Japan. The presumption is supported by forei...

Oregon Waste Sys., Inc. v. Department of Envtl. Quality

The Court rules that the state of Oregon's imposition of a surcharge on the in-state disposal of solid waste generated in other states that is nearly three times that imposed on the disposal of waste generated within Oregon violates the Commerce Clause of the U.S. Constitution. Oregon imposed a $2.5...

O'Conner v. Commonwealth Edison Co.

The court holds that a nuclear facility employee's state suit for damages based on personal injury allegedly caused by exposure to unsafe dosages of radiation was constitutionally removed to federal court under the Price-Anderson Amendments Act (PAAA), and that retroactive application of the PAAA di...

Sierra Club v. Cargill

The court holds that the U.S. Forest Service (Forest Service) did not abuse its discretion in finding that a change from a seven-year regeneration standard to a five-year standard did not effect a significant change in its land and resource management plan for the Bighorn National Forest in Wyoming,...

Alliance for Clean Coal v. Craig

The court holds that the Illinois Coal Act violates the Commerce Clause of the U.S. Constitution. The Act requires public utilities to devise Clean Air Act (CAA) compliance plans and present them to the Illinois Commerce Commission for approval. The Act requires the utilities and the Commission to t...

Sierra Club v. Browner

The court holds, without opinion, that members of a utility industry group may intervene as of right under Federal Rule of Civil Procedure 24(a) in a suit to compel the U.S. Environmental Protection Agency to promulgate revised standards of performance for NOx emissions from fossil fueled steam gene...

Stevens v. Cannon Beach, City of

The court holds that the denial by an Oregon city and the Oregon Department of Parks and Recreation (Department) of oceanfront property owners' permit application to construct a seawall in the dry sand area of their property does not constitute an uncompensated taking under the Fifth Amendment to th...

Olen Properties Corp. v. Sheldahl, Inc.

The court holds that environmental audit memoranda prepared by company personnel to assist the company's attorneys in evaluating its compliance with environmental laws and regulations are protected by the attorney-client privilege. The court thus denies a motion to compel production of the audit doc...