Relying on a state supreme court response to a certified question, the court denies an insurance company's motion for declaratory judgment of its obligation under a pollution exclusion clause of a comprehensive general liability policy. In an appendix to the court's decision, the Georgia Supreme Cou...
The court holds that the Alaska Native Claims Settlement Act (ANSCA) permits the Secretary of the Interior to limit Alaska Natives' land allocations to less than the statutory maximum of 160 acres where the lands claimed were part of a national wildlife reserve. An Alaska Native living on a designat...
The court holds that the National Institute of Health (NIH) is not required to file a supplementary environmental impact statement (EIS) for its revised guidelines for DNA research because new developments have not increased the environmental risks beyond those addressed by the old EIS. The standard...
The court holds that amendments to the South Carolina Beachfront Management Act preventing construction within 20 feet of the coastal baseline do not constitute a taking because the property owner has a house on the property and therefore is able to make economically viable use of the land. The stat...
The court upholds the Forest Service's Land and Resource Management Plan (LRMP) and environmental impact statement (EIS) for the Cleveland National Forest under the National Forest Management Act (NFMA) and National Environmental Policy Act (NEPA). The court holds that the LRMP gives due considerati...
The court holds that amendments to the South Carolina Beachfront Management Act preventing construction within 20 feet of the coastal baseline do not violate the Due Process Clause because the statutes are substantially related to an important state interest. The statutes seek to protect the beaches...
The court upholds in part and remands in part the Forest Service's Land and Resource Management Plan (LRMP or the Plan) and environmental impact statement (EIS) for the Rio Grande National Forest under the National Forest Management Act (NFMA) and the National Environmental Policy Act (NEPA), respec...
The court holds that the Environmental Protection Agency (EPA) properly invoked the "representative emissions" concept in calculating new source performance standards (NSPS) for an electric power plant's renovation project, but that EPA improperly invoked the "potential to emit" concept for preventi...
The court holds that the city has no viable claims against the manufacturer of polychlorinated biphenyls (PCBs) for nuisance, abnormally dangerous activity, or trespass for discharging PCBs into the sewer system, where the claims arise from actions by the purchaser of the PCBs and not by the manufac...
The court holds that New York's law governing the expansion of commercial hazardous waste facilities does not violate the Equal Protection Clause of the United States Constitution. The law requires facilities to obtain siting board approval for expansion. After finding that the district court proper...