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Sarei v. Rio Tinto, Pub. Ltd. Co.

The court partially reverses the dismissal of an Alien Tort Claims Act action brought by residents of Papua New Guinea against a mining corporation claiming numerous violations of international law and racial discrimination. None of the residents' claims presents nonjusticiable political questions, ...

Ibeto Petrochemical Indus. Ltd. v. M/T Beffen

The court modified a lower court order compelling arbitration, enjoining an action in Nigeria, and staying a company's admiralty and maritime law claims against various shipping entities for damages arising from a contaminated shipment of oil that was transported from New Jersey to Nigeria. Based on...

Sahu v. Union Carbide Corp.

The court held that it lacked appellate jurisdiction over a lower court's partial grant of summary judgment in favor of the parent company of a chemical plant in Bhopal, India, that allegedly caused soil and groundwater contamination. Property owners and residents near the plant sought monetary and ...

Salmon Spawning & Recovery Alliance v. Bashman

The court held that it lacked jurisdiction to hear environmental groups' claims against U.S. Customs, the U.S. Fish and Wildlife Service, and the National Oceanic and Atmospheric Administration-Fisheries for allowing threatened and endangered salmon to be imported from Canada into the United States ...

Salmon Spawning & Recovery Alliance v. U.S. Customs & Border Protection

The Federal Circuit held that conservation groups lack standing to pursue their Endangered Species Act (ESA) §9 claim against various federal agencies and officials for failing to enforce a ban on importing endangered and threatened fish but that they may have standing to challenge the agencies...

Kettle Range Conservation Group v. U.S. Forest Serv.

The court holds that the U.S. Forest Service did not violate the National Environmental Policy Act (NEPA) by classifying certain units of a proposed timber sale as roaded. Because the Forest Service considers the challenged units as roaded, the studies and research that formed the basis for the envi...

Newton County Wildlife Ass'n v. U.S. Forest Serv.

The court affirms a district court's orders denying environmental groups' motions to enjoin timber sales as violative of the Wild and Scenic Rivers Act (WSRA) and the Migratory Bird Treaty Act (MBTA). The court first holds that the district court properly denied the environmental groups' motions to ...

Fener v. Hunt

The court holds that a U.S. Forest Service timber sale on the George Washington National Forest in Virginia was not arbitrary and capricious and did not violate the National Forest Management Act (NFMA) or the National Environmental Policy Act (NEPA) as alleged by a neighboring landowner. The court ...

Western Radio Servs. Co. v. Glickman

The court upholds the U.S. Forest Service's decision to grant a cellular phone company a special use permit for a telecommunications facility on Dead Indian Mountain in the Fremont National Forest, Oregon. The court first holds that the Forest Service's decision to grant the permit was not arbitrary...

Beggerly v. United States

The court holds that a consent judgment under which the United States acquired title to Horn Island in the Gulf of Mexico is null and void. Plaintiff-appellants had contracted to sell a portion of the island to the United States, which sought it as part of a proposed national park. The United States...