The court denies manufacturers' motions to dismiss property owners' common-law claims against them for allegedly contaminating the owners' land. The manufacturers argued that the property owners' claims were time barred under New York law. Under state law, the property owners had either three years ...

The court holds that intervenors in an environmental group's Endangered Species Act (ESA) suit lacked standing to appeal a district court's decision upholding a U.S. Fish and Wildlife Service (FWS) biological opinion (BO) for the endangered silvery minnow. The group alleged that the BO was lacking b...

The court holds that the U.S. Fish and Wildlife Service's (FWS') final supplemental environmental impact statement (FSEIS) for its program to control the population of sea lampreys in Lake Champlain and its tributaries was adequate. In addition to employing physical barriers and trapping to reduce a...

The court upholds the dismissal of a subcontractor's Contract Disputes Act and Tucker Act claims against the U.S. Department of Energy (DOE) that arose in connection with the cleanup of a nuclear waste site at the Idaho National Engineering and Environmental Laboratories complex near Idaho Falls, Id...

The court affirms a district court decision that a company is collaterally estopped from seeking indemnity from its insurer in a hazardous waste contamination case due to a prior state court ruling. The company was sued for trespass and negligence by its neighbor in state court when an underground s...

A court granted the government's transfer of venue motion in a case brought by aviation groups challenging the government's decision designating a Marine Corps air station in California for a park with mixed use development. The groups brought the case challenging the government's compliance with th...

The court certifies to the Alaska Supreme Court the question of whether a manufacturer who sells a useful product that uses hazardous substances may be liable as an arranger of hazardous substance disposal under Alaska Statute §46.03.822(a)(4) if the product, when used as designed and installed...

The court holds that it did not need to abstain from hearing an environmental group's motion seeking declaratory and injunctive relief against a landfill operator that violated its state permit and subjected itself to classification as a municipal solid waste landfill under the Resource Conservation...

The court affirms a U.S. Court of Federal Claims' decision that it lacked jurisdiction over an exotic bird breeder's takings and breach of contract claims against the government. In 1989, the breeder entered into a breeding loan agreement with an individual who subsequently became an informant for t...

The court denies a state correctional department's motion for summary judgment regarding complaints by two inmates that while employed in a state prison they were exposed to toxic substances and subjected to hazardous working conditions that violated their Eighth and Fourteenth Amendment rights. The...