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Berry v. Armstrong Rubber Co.

The court holds that a former tire manufacturer is entitled to summary judgement on state law and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims because plaintiff property owners failed to establish a claim under CERCLA or Mississippi trespass and nuisance laws...

Mock v. Department of Envtl. Resources

The court holds that the Pennsylvania Department of Environmental Resources' denial of a permit for landowners to fill wetlands on their property to construct an auto body shop did not constitute a taking under either the U.S. or the Pennsylvania Constitutions for which the individuals must be compe...

In re Chicago, Milwaukee, St. Paul & Pac. R.R.

The court holds that a company's indemnification claims for state and federal liability incurred for the cleanup of pollution on property it purchased from a bankruptcy trustee are barred by the debtor's reorganization plan's bar date for postpetition claims. Although the company argued that it did ...

Mullis Tree Serv., Inc. v. Bibb County

The court holds that a county board of commissioners lacks authority under Georgia law to prohibit household waste landfills within a one-half mile of residential property, and that an importation ordinance violates the Commerce Clause of the U.S. Constitution by discriminating against out-of-county...

National Audubon Soc'y v. U.S. Forest Serv.

The court reverses a district court's decision denying a U.S. Forest Service motion for summary judgment that it did not violate the National Environmental Policy Act (NEPA) by failing to prepare an environmental impact statement (EIS) for four timber sales in or bordering on roadless areas in Orego...

Sharps v. U.S. Forest Serv.

The court holds that the issuance of an October 1990 decision memo by the Fall River District Ranger, which implemented an August 1989 decision notice issued by the Forest Supervisor requiring consolidation of black-tailed prairie dog colonies in the Nebraska National Forest, does not violate the Na...

Fulton v. United States

The court holds that the purchaser of a ranch lacks standing to challenge the U.S. Forest Service's decision not to renew the previous owner's grazing permit when the decision was made one year prior to the purchase of the ranch. The court holds that the purchaser did not demonstrate a personal inju...

Tri-State Rubbish, Inc. v. Gray, Town of

The court holds that genuine issues of material fact remain about whether a flow control and recycling ordinance violates the Commerce Clause of the U.S. Constitution, and remands the action. A local ordinance requires that all solid waste generated in the town be disposed of at a specific regional ...

Tennsv, Inc. v. Gade

The court holds that provisions of the Illinois Environmental Protection Act (IEPA) that restrict the location of waste treatment, landfill, and incinerator facilities serving areas beyond the borders of a local government unit are unconstitutional burdens on interstate commerce in violation of the ...

Morris v. Myers

The court holds that the General Services Administration (GSA) did not violate the National Environmental Policy Act (NEPA) by failing to prepare an environmental impact statement (EIS) for its proposal to build a federal courthouse in Portland, Oregon. GSA prepared an environmental assessment (EA) ...