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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) ...

In re L.F. Jennings Oil Co.

The court holds that a bankruptcy court's order allowing a trustee to abandon a contaminated site that was part of the bankrupt estate did not violate the U.S. Supreme Court's ruling in Midlantic National Bank v. New Jersey Department of Environmental Protection, 16 ELR 20278 (1986), on the abandonm...

Kirchmann v. United States

The court affirms a district court's dismissal, under the Federal Tort Claims Act's (FTCA's) independent contractor and discretionary function exceptions, of a lawsuit against the federal government for groundwater contamination at a private farm, caused by trichloroethylene (TCE) disposal at an Air...

Harleysville Mut. Ins. Co. v. Sussex County

The court holds that two insurance companies have no duty to defend or indemnify a Delaware county for future costs resulting from the U.S. Environmental Protection Agency's (EPA's) administrative proceedings under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) ad...

Patz v. St. Paul Fire & Marine Ins. Co.

The court affirms a district court decision that an insurance policy's pollution exclusion and owner exclusion clauses do not bar the policy's coverage of the insureds' costs of complying with a government order to clean up contaminated waste from painting operations that they buried in barrels or p...