The court holds that a district court did not abuse its discretion in finding expert testimony concerning a corporation's claim of land contamination by a neighboring company to be unreliable. The corporation's contamination claim arose as a response to a trespassing counterclaim that the neighborin...

The court holds that a developer's takings claim against the United States is barred by 28 U.S.C. §2501's six-year statute of limitations. Two developers claim that the U.S. Army Corps of Engineers' denial of a permit application to construct a levee, and the Corps' subsequent selection of an alter...

The court dismisses an organization's challenge to a county airport's runway extension for lack of subject matter jurisdiction. The court first holds that the county had no duty to hold a public hearing under 49 U.S.C. §47106(c)(1)(A), which requires the Secretary of Transportation to hold a public...

The court holds that under Louisiana law, the successor to a former oil company is directly liable for the cleanup costs of an abandoned oil lease site. When the original lessee conveyed to the company an oil and gas lease, the company consented to the inclusion of a covenant to clean up the leased ...

The court upholds the U.S. Department of the Interior's (DOI's) decision to deny lessors' request to cancel their Native American oil and gas lease because of the lessee's royalty underpayment violations. The court first holds that the lessors' constitutional argument is meritless. Instead of arguin...

The court holds that the Interstate Commerce Commission Termination Act (ICCTA) preempts state and local environmental review of a rail carrier's reacquisition and reopening of the Stampede Pass railroad line in Washington State. The court first holds that the plain language of two sections of the I...

The court holds that the National Park Service's decision to remove a herd of 12 horses from Santa Cruz Island in the Channel Islands did not violate the National Environmental Policy Act (NEPA). The court first holds that the plaintiff foundation provided no support for its assertion that the horse...

The court holds that the Eleventh Amendment does not bar the removal from state to federal court of a power plant's federal and state claims against a state environmental agency. The power plant filed claims in state court against state and county environmental agencies after they claimed that the p...

The court holds that the U.S. Army Corps of Engineers' and the Natural Resources Conservation Service's decision to construct a dam on the Hughes River in West Virginia complied with the National Environmental Policy Act (NEPA). In a prior decision, the court directed the agencies to take a hard loo...

The court holds that, under Ohio law, excess insurance policies that "follow form" to—or provide coverage on the same terms as—underlying unbrella insurance policies incorporate a pollution exclusion endorsement included in the underlying policies. The pollution exclusion endorsement was added t...