A district court, in a $113 billion lawsuit against an oil company concerning environmental pollution in the Amazon, granted the oil company's motion to depose Ecuadorian villagers' attorney concerning possible fraud and misconduct. One party to a litigation should not easily be permitted to tak...
The Federal Circuit upheld a lower court decision rejecting landowners' claims that the United States had taken their property without just compensation by erecting a log boom that prevented them from using a slough next to their property. The government placed the log boom in the slough to ...
A district court held that the Secretary of the Interior violated FLPMA and the APA when he withdrew a record of decision (ROD) adopting six revised resource management plans, collectively known as the Western Oregon Plan Revisions, for 2.5 million acres of BLM lands in western Oregon. The S...
The Ninth Circuit upheld, on statutory and constitutional grounds, California's vessel fuel rules as they apply to vessels located more than three miles off the California coast. The rules, which seek to reduce air pollutants affecting the state of California, require ocean-going vessels to ...
A district court issued a preliminary injunction enjoining plaintiffs from enforcing a multibillion dollar judgment awarded by an Ecuadorian court against an oil company for environmental pollution in the Amazon. The evidence establishes that the plaintiffs and their allies intend quickly to...
The Third Circuit, in a $113 billion lawsuit against an oil company concerning environmental pollution in the Amazon, affirmed in part and vacated in part a lower court order granting the oil company's application to engage in discovery for use in a proceeding before an Ecuadorian court unde...
A California appellate court invalidated a state policy prohibiting development seaward of the most landward historical position of the mean high tide line. The policy is an invalid underground regulation because it was not promulgated as a regulation under the APA. Although the state agency that ad...