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Leisnoi, Inc. v. United States

The court affirms a district court decision that it lacked initial subject matter jurisdiction over a native village corporation's action to quiet title against the United States in property conveyed to the corporation under the Alaska Native Claims Settlement Act. The corporation sought to quiet ti...

Public Serv. Co. of Colo. v. Gates Rubber Co.

The court holds that a company's cleanup of a polychlorinated biphenyl- and lead-contaminated site in Colorado was not consistent with the national contingency plan (NCP). Thus, the company is not entitled to contribution from other responsible parties. The court first holds that the district court ...

Jersey Heights Neighborhood Ass'n v. Glendening

The court reinstates a neighborhood association's National Environmental Policy Act (NEPA) and Federal Aid Highway Act (FAHA) claims against federal and state agencies for failing to prepare a supplemental environmental impact statement (SEIS) addressing the construction of a bypass around Salisbury...

Fireman's Fund Ins. Co. v. Lodi, Cal., City of

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt a California city's comprehensive municipal environmental response and liability ordinance. An insurer challenged the constitutionality of the ordinance. The court first dismisses...

South Trenton Residents Against 29 v. Federal Highway Admin.

The court holds that the Federal Highway Administration's (FHwA's) and a state transportation agency's decision not to complete a supplemental environmental impact statement (EIS) for a highway project in New Jersey was reasonable. Several years after a final EIS for the highway was completed, it wa...

Park & River Alliance, Inc. v. Slater

The court holds that an environmental group's Department of Transportation Act §4(f) challenge to a proposed five-mile highway corridor in Minneapolis, Minnesota, is time barred. Although a statement made in the district court's opinion is a "new circumstance," it does not have anything to do with ...

Citizens Concerned About Jet Noise v. Dalton

The court holds that the U.S. Department of the Navy's decision to transfer a large fleet of aircraft to a Virginia naval air station located near environmental group members' homes did not violate the National Environmental Policy Act. The court first holds that the Navy's consideration of the Virg...

Minyard Enters., Inc. v. Southeastern Chem. & Solvent Co.

The court holds that $200,000 awarded to a former owner whose property was damaged by an underground storage tank (UST) operator's negligence is not duplicative of the former owner's award for past and future response costs under the Comprehensive Environmental Response, Compensation, and Liability ...

Wilderness Soc'y v. Thomas

The court holds that the U.S. Forest Service did not violate the National Forest Management Act (NFMA) when it adopted a forest plan for the Prescott National Forest in Arizona that identified certain forest land as suitable for grazing. The court first holds that the claims alleged by the environme...

Southfund Partners III v. Sears, Roebuck & Co.

The court holds that a company is not entitled to recover response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from the former owner of property contaminated by leaking underground storage tanks (USTs). The court first holds that the company's CERCL...