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Friends of the Wild Swan v. U.S. Fish & Wildlife Serv.

The court holds that the U.S. Fish and Wildlife Service (FWS) arbitrarily and capriciously listed several subpopulations of bull trout as endangered under the Endangered Species Act (ESA). In 1994, FWS concluded that listing the bull trout as a species was warranted but precluded. Then, in response ...

Earth Island Inst. v. Albright

The court vacates two Court of International Trade orders that were issued after an environmental group withdrew its motion to enforce the Court of International Trade's ruling pertaining to the enforcement of turtle excluder device regulations under §609 of the U.S. Departments of Commerce, Justic...

Davis Bros. v. Thornton Oil Co.

The court dismisses strict liability, nuisance, trespass, and Resource Conservation and Recovery Act (RCRA) claims filed against the former sublessee of contaminated property where an underground storage tank (UST) leaked. The former sublessee operated a gasoline station at the site, which was next ...

Defenders of Wildlife v. Babbitt

The court holds that various federal agencies violated the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA) in their preparations of biological assessments (BAs), biological opinions (BOs), and environmental impact statements (EIS) with respect to the survival of the Son...

Polar Bear Endangered Species Act Listing

A district court upheld the FWS's determination that sport-hunted polar bear trophies may no longer be imported into the United States under the Marine Mammals Protection Act (MMPA) as of the effective date of the ESA listing rule for the species. In May 2008, the FWS determined threatened status fo...

Polar Bear Endangered Species Act Listing

A district court held that the FWS violated NEPA, but not the ESA, when it issued a special rule that specifies the protective mechanisms that apply to the polar bear as a result of its threatened status. In May 2008, the FWS listed the polar bear as threatened under the ESA. The Service then issued...

Beard v. South Carolina Coastal Council

The court holds that the permit administrator and South Carolina Coastal Council's denial of an application to build a new bulkhead on beachfront property in violation of the state Coastal Zone Management Act does not constitute an unconstitutional taking of the land between the existing and propose...

Mario v. Fairfield, Town of

The court upholds a Connecticut municipality's regulation requiring owners of land partially within designated wetlands areas to obtain municipal approval before erecting structures on the land's nonwetlands portion. The court first holds that the regulation does not impermissibly expand the jurisdi...

Public Interest Research Group of N.J. v. Star Enter.

The court denies defendants' certification motion to bring an interlocutory appeal of the court's earlier ruling that defendant is liable in a Federal Water Pollution Control Act (FWPCA) citizen suit for violating its national pollutant discharge elimination system permit and for permanent injunctiv...

Lumbermens Mut. Casualty Co. v. Belleville Indus.

The court holds that the "sudden and accidental" exception to the pollution exclusion clause in a comprehensive general liability insurance policy does not require an insurer to provide coverage of an insured manufacturing company's liability for environmental cleanup costs arising from ordinary bus...