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United States v. FMC Corp.

The Ninth Circuit held that Native American tribes lacked standing to enforce a consent decree entered into by a mining company and the federal government for Resource Conservation and Recovery Act violations at the company's phosphorous plant located on land within a tribal reservation. In addition...

Winthrop, Town of v. Federal Aviation Admin.

The First Circuit denied a petition for review of a Federal Aviation Administration (FAA) order permitting the construction of a new taxiway at Boston's Logan International Airport. The new taxiway is intended to ease congestion at the airport, thereby reducing the amount of time planes spend idling...

California Dep't of Water v. Powerex Corp.

The Ninth Circuit held that a Canadian corporation that markets and distributes electric power in the United States is a "foreign state" within the meaning of the Foreign Sovereign Immunities Act of 1976 and, therefore, is entitled to a federal bench trial in a case alleging it had "manipulated the ...

National Wildlife Fed'n v. Schaefer

A district court issued a preliminary injunction limiting the amount of cattle grazing allowed on conservation reserve program (CRP) lands. In May, the U.S. Department of Agriculture (USDA) began a critical feed use haying and grazing program on CRP lands to deal with rising feed prices. But in so d...

Coalition for a Sustainable Delta v. Carlson

A district court held that neither a coalition of agricultural water users nor a recreational water user has standing to challenge the state's striped bass fishing regulations under the Endangered Species Act. The plaintiffs argued that the regulations cause the unlawful take of species listed under...

Pacific Sound Resources v. Burlington N. & Santa Fe Ry. Co.

The Ninth Circuit reversed a lower court decision dismissing a nonprofit corporation's action against a railroad company for contribution under Washington's Model Toxics Control Act. The lower court held that the corporation lacked standing because it was obligated to pay any money it recovered to a...

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...