The court held that a district court erred in dismissing environmental groups' suit challenging the issuance of a permit to construct a power plant near Yellowstone National Park for lack of standing. The Montana Department of Environmental Quality issued the permit after the U.S. Department of the ...

A court held that a city cannot disregard the mitigating conditions it placed on the demolition of certain buildings in its approval of a redevelopment project without conducting a supplemental California Environmental Quality Act (CEQA) review. The city claimed that the demolition at issue was not ...

The court holds that the Tucker Act's statute of limitations does not bar a development company's claim that U.S. Marine Corps munitions-handling operations at Blount Island, Florida, resulted in a temporary taking of the company's property without just compensation. The statute of limitations began...

The court upholds an individual's conviction for violating the Delaware Wetlands Act when he built an erosion barrier on wetlands on his waterfront property without a permit. The statute is not overly broad because it does not unnecessarily restrict his constitutional right to access navigable water...

A court holds that a county must set aside its approvals for a development project. The project is inconsistent with the county's general plan because it will cause an impermissible increase in traffic. In addition, the environmental impact report for the project must be set aside. It uses an improp...

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §309, which preempts a state's statute of limitations if it provides a commencement date earlier than the federal commencement date, does not preempt Texas' 15-year statute of repose in a che...

A court holds that a city violated the California Environmental Quality Act in adopting revisions to its general plan with regard to unleashed dogs at a state beach. The city's initial study failed to adequately describe the impacts of off-leash dog use at the beach. Once the informational requireme...

The court holds that a phosphate mining company lacks standing to challenge a competitor's phosphate mining project under the National Environmental Policy Act (NEPA). The company had no environmental interests at stake. Rather, it challenged the project because it might become an alternative suppli...

The court dismisses various parties' challenges to the U.S. Army Corps of Engineers' operation of the Missouri River main stem reservoir system and associated U.S. Fish and Wildlife Service (FWS) wildlife assessments. The court dismissed as moot several claims concerning the conditional summer low f...

The court holds that an oil company's insurer must indemnify the company for environmental cleanup and abatement costs ordered by a state administrative agency. In a previous case concerning another insurer of the company, the court held that the insurer's duty to indemnify the company for "all sums...