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Great Basin Mine Watch v. Hankins

The court holds that the Bureau of Land Management's (BLM) cumulative impact analyses prepared in conjunction with two gold mining permits it issued to a mining company violates the National Environmental Policy Act (NEPA). BLM prepared an environmental impact statement (EIS) for each permit. The fi...

Keystone Consol. Indus., Inc. v. Employers Ins. Co. of Wausau

The court reverses and remands a grant of summary judgment in a manufacturer's suit for indemnification arising out of environmental cleanup costs at four sites in Illinois and Indiana. Under Illinois law, the duty to indemnify may arise even in the absence of a lawsuit triggering the duty to defend...

Preservation Action Council v. San Jose, City of

An appellate court orders a city to rescind its decision certifying an environmental impact report (EIR) for a redevelopment project that would convert an unused historic building into a retail hardware and garden supply center. Under the California Environmental Quality Act's EIR guidelines, the ci...

Noe v. Henderson

The court holds that the Migratory Bird Treaty Act (MBTA) and its implementing regulations do not preempt Arkansas regulations governing captive-reared mallard ducks. Captive-bred ducks do not fall within the MBTA's scope of federal permitting requirements, and nothing in the MBTA prohibits a state ...

Nevada v. Department of Energy

The court denies Nevada's petition for review of the U.S. Department of Energy's (DOE's) final environmental impact statement (EIS) for a nuclear waste underground repository and a portion of its record of decision governing the transportation of nuclear waste from production sources to Yucca Mounta...

Norwood v. Horney

The court holds that a municipality's appropriation of private property based on its determination that it was in an area that may deteriorate in the future is unconstitutional. In Kelo v. City of New London, 125 S. Ct. 2655, 35 ELR 20134 (2005), the U.S. Supreme Court held that economic factors may...

Northwest Envtl. Advocates v. National Marine Fisheries Serv.

The court holds that the U.S. Army Corps of Engineers took the requisite "hard look" at the environmental and economic impacts of a project that would deepen the Columbia River's navigation channel from 40 feet to 43 feet and add new sites for the disposal of dredged materials. The court concludes t...

Tilton v. Reclamation Dist. No. 800

A California appellate court upholds the dismissal of property owners' claims against a reclamation district for property damage caused by breached levees. The owners' takings claims fail because under California law, the defective maintenance of flood control or water retention systems does not pro...

Louisiana Crawfish Producers Ass'n-W. v. Rowan

The court upholds a lower court decision that the U.S. Army Corps of Engineers' environmental assessment (EA) for a section of the Atchafalaya Basin, a flood control area in Louisiana, complies with the National Environmental Policy Act. A nonprofit organization of commercial crawfishermen suggested...