The court holds that a landfill operator is entitled to a preliminary injunction prohibiting enforcement of a county ordinance that regulates the transport of out-of-county waste into the county, and the operator may proceed on procedural and substantive due process claims against the county. The co...

The court holds that the National Environmental Policy Act (NEPA) does not apply to the Secretary of the Interior's designation of critical habitat under the Endangered Species Act (ESA). The court first holds that an Oregon county has standing to challenge the Secretary's failure to comply with NEP...

The court holds that the U.S. Court of Federal Claims lacked jurisdiction under 28 U.S.C. §1500 over a manufacturer's claim for compensation under the Fifth Amendment to the U.S. Constitution for response costs the manufacturer incurred cleaning up contaminated groundwater pursuant to a U.S. Enviro...

The court holds that Wyoming hunting license regulations do not violate the Takings and Equal Protection Clauses of the U.S. Constitution. The regulations create separate pools for allocating licenses to residents and nonresidents and limit owners of 160 or more acres to two supplemental licenses. T...

The First Circuit held that it lacked jurisdiction over an electric company's challenge to a U.S. Environmental Protection Agency (EPA) determination that ferric ferrocyanide is a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Ferric fer...

The court dismisses a coal mining association's claim against the Secretary of the Interior seeking to force the federal government to turn over approximately $1.3 billion allegedly due to the commonwealth of Kentucky under the Surface Mining Control and Reclamation Act's (SMCRA's) abandoned mine re...

The court holds that the U.S. Court of Federal Claims improperly dismissed a city's breach of contract claims against the Bonneville Power Administration (BPA) for lack of jurisdiction. The BPA was created to serve the Pacific Northwest's energy needs. If there is surplus energy, the BPA may sell it...

The court holds that it lacks jurisdiction over claims brought by environmental groups against various governmental agencies protesting the issuance by the U.S. Army Corps of Engineers (the Corps) of 23 permits for various kinds of construction in Florida and their effect on the Florida panther. The...

The court holds that cemetery owners' takings claims arising from their failure to obtain a Clean Water Act (CWA) §404 permit from the U.S. Army Corps of Engineers are not ripe for review. In 1983, the property owners applied for a CWA §404 permit to dredge and fill 50 acres of the property, which...