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United States v. Dove

The court holds that a district court erred in including as "relevant conduct" for sentencing purposes an individual's sale of 118 black bear gall bladders to an undercover agent. The court first holds that the district court erred because relevant conduct under the U.S. Sentencing Guidelines must b...

National Tel. Coop. Ass'n v. Exxon Mobil Corp.

The court holds that a building owner failed to prove that a neighboring service station was negligent in performing environmental remediation and, thus, reverses and vacates a district court's judgment in favor of the building owner. The station performed the remediation pursuant to its corrective ...

Bath Iron Works Corp. v. Director

The court holds that an administrative law judge (ALJ) properly reallocated responsibility for paying a pipefitter's medical and disability payments from an insurance company to the pipefitter's employer. The pipefitter was awarded medical benefits in 1991 for multiple, work-related diseases, and hi...

Maharg, Inc. v. Van Wert Solid Waste Management Dist.

The court affirms a district court dismissal of an Ohio solid waste collection company's claim that a county's waste processing rules violated the company's constitutional rights. The county adopted rules that required the county's waste to be disposed of in county-designated landfills that agreed t...

New Mexico Cattle Growers Ass'n v. U.S. Fish & Wildlife Serv.

The court sets aside the critical habitat designation (CHD) for the southwestern willow flycatcher because the U.S. Fish and Wildlife Service's (FWS') adoption of a baseline approach to measure the economic impact of the flycatcher CHD was an erroneous construction of the Endangered Species Act (ESA...

Kissimmee River Valley Sportsman Ass'n v. Lakeland, City of

The court holds that the Federal Aid in Sport Fish Recreation Act and its regulations do not create a federal right of equal access for boats with common horsepower ratings and, therefore, a Florida city ordinance prohibiting the operation of airboats on the city's lakes does not violate such a righ...

Kootenai Tribe of Idaho v. Veneman

The court enjoins the U.S. Forest Service from implementing all aspects of the Roadless Area Conservation Rule, which prohibits construction of roads on presently roadless areas in the national forests. The court first holds that the federal government has committed to amendments to its environmenta...

Save Our Wetlands v. Conner

The court holds that the U.S. Army Corps of Engineers (the Corps) did not violate the National Environmental Policy Act (NEPA) by arbitrarily or capriciously granting a developer a permit to fill wetlands abutting Lake Ponchatrain in Louisiana without first preparing an environmental impact statemen...

Shade v. Housing Auth. of the City of New Haven

The court holds that the U.S. Department of Housing and Urban Development (HUD) did not violate the Federal Tort Claims Act (FTCA) by failing to supervise a city housing authority's compliance with the Lead-Based Paint Poisoning Prevention Act (LPPPA), and, therefore, affirms a district court's gran...

Mississippi River Revival v. Minneapolis, Minn., City of

The court dismisses as moot a citizen suit brought under the Clean Water Act (CWA) against two cities for discharging water into the Mississippi River and related waterways without national pollutant discharge elimination system (NPDES) permits. The court first holds that the citizens' claim for inj...