The court holds that a challenge by the state of Nebraska to the siting of a regional low-level radioactive waste storage facility in Boyd County, Nebraska, is barred by a regional compact's time limits on suits and the doctrines of estoppel and laches. Ruling on a motion for summary judgment by the...

The court holds that the insurers of a local sewage authority are not required to defend the authority against claims brought by the U.S. Environmental Protection Agency (EPA) under §122 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in connection with the aut...

The court holds that Nevada's state engineer improperly denied the Bureau of Land Management's (BLM's) applications for state water appropriation permits that would allow livestock to be watered on public lands in Douglas County, Nevada. The state regulation at issue allows the state engineer to iss...

The court holds that the Mineral Management Service (MMS) did not violate the National Environmental Policy Act (NEPA) in promulgating a development and production plan (DPP) under the Outer Continental Shelf Lands Act (OCSLA) for an oil and gas development project located off the north coast of Ala...

The court upholds the reversal of a trial court's grant of judgment notwithstanding the verdict (JNOV) in favor of a chemical manufacturer that was denied insurance coverage for soil, groundwater, and surface water pollution at one of its sites. Shortly after purchasing the site in 1964, the manufac...

The court holds that the Interior Board of Land Appeals (IBLA) may require applicants for land allotments under the Alaska Native Allotment Act (ANAA) to prove personal use and occupancy independent of immediate family members prior to withdrawal of the land from the public domain. The IBLA denied t...

The court holds that a Pennsylvania township and its supervisors did not violate a developer's substantive due process rights by conspiring to delay and obstruct the developer's construction of an industrial park. The developer claims that the township and its supervisors conspired to delay the coun...

The court denies an environmental group's motion to preliminarily enjoin construction of a development project in Louisiana until the U.S. Army Corps of Engineers prepares an environmental impact statement for the project. The court first holds that the Corps' finding of no significant impact for th...

The court grants environmental groups' motion to preliminarily enjoin the U.S. Forest Service from implementing a salvage project in the Bitterroot National Forest until any administrative appeals have been resolved pursuant to the Appeals Reform Act. After the final environmental impact statement f...

The court holds that a non-cumulation clause in a manufacturer's insurance policy applied to its claims resulting from environmental property damage. The U.S. Environmental Protection Agency and potentially responsible parties at a waste site sued the manufacturer for damages related to the transpor...