The court holds that it lacks jurisdiction to review an underground natural gas storage facility's injunctive and declaratory relief action challenging a state environmental agency's permit modification requirements. The facility sought to increase its storage capacity by including natural gas throu...

The court holds that a timber association lacks standing under the National Forest Management Act (NFMA) and the National Environmental Policy Act (NEPA) to challenge the U.S. Forest Service's promulgation of an interim final rule that suspends road construction decisionmaking for 18 months in certa...

The court holds that the Price-Anderson Act conferred federal jurisdiction on a district court in a removal action where individuals alleged tortious injury arising from uranium mining. In two separate class action suits, over 1,000 individuals alleged personal injury and property damage arising fro...

The court denies a property owner's petition to review the Federal Energy Regulatory Commission's (FERC's) authorization of the construction of a pipeline that would traverse part of the owner's historic property. The court first holds that it has jurisdiction to hear the claim. Although the landown...

The court holds that a district court incorrectly applied the doctrine of offensive collateral estoppel, thereby precluding the owner of a uranium mill from litigating the issue of negligence, in a case brought by a group of nearby residents who claimed that the owner's negligent operation of the mi...

The court holds that a trial court correctly ruled that landowners, aggrieved by a zoning administrator's oral decision, failed to exhaust administrative remedies by not filing a timely appeal to the board of zoning appeals, as required by state statute. The landowners contested the zoning administr...

The court holds that a waste haulers association has standing to assert a U.S. Commerce Clause claim against a district waste authority for enacting a system of flow control ordinances that captured the district's generated waste in order to finance a trash-to-steam facility. Under the system, haule...

The court holds that a landowner could not bring a claim alleging that a state resources management council's denial of the landowner's application to fill 18 acres of coastal wetlands constituted a taking of that property. The court first holds that the landowner's claim is not ripe for review. Alt...

The court upholds a Federal Energy Regulatory Commission (FERC) order and denies a gas pipeline operator's petition to review FERC's decision not to hold a comparative hearing before permitting a competitor of the operator to build and operate a natural gas pipeline, and further holds that the opera...

The court holds that a solid waste hauler has standing to bring a U.S. Commerce Clause claim against a waste district authority for instructing homeowners and commercial entities in the district to subtract a district waste generation fee from the contractually agreed to price paid to their waste ha...