Statute of limitations

The D.C. Circuit held that Alaska's lawsuit challenging the U.S. Forest Service's roadless rule is not time barred. The Forest Service issued the roadless rule in 2001. In 2005, the…

The U.S. Supreme Court held that CERCLA §309 does not preempt a state's statute of repose. The case arose after property owners filed suit against a manufacturing company for alleged…

A district court denied in part and granted in part a disposal waste facility's motion to dismiss individuals' tort claim against it as untimely. Genuine issues of material fact preclude…

The D.C. Circuit dismissed developers' lawsuit challenging the U.S. Army Corps of Engineers' definition of "waters of the United States" in a 1986 rule as facially invalid…

The U.S. Supreme Court held that the statute of limitations governing the U.S. Court of Federal Claims requires sua sponte consideration of the timeliness of a lawsuit filed in that court, despite…

The court vacates a lower court decision finding that the United States is not liable to a mining company for the alleged permanent physical taking of its leasehold interest in a 158-acre tract of…

The court vacates the dismissal of dairy farmers' claims that their cows and farmland were poisoned by defendant's factory emissions over several decades. Because there is a material…

The court holds that an individual's claims of inverse condemnation and negligence arising from leachate and methane gas contamination of the individual's property from a neighboring…

The court reinstates a neighborhood association's National Environmental Policy Act (NEPA) and Federal Aid Highway Act (FAHA) claims against federal and state agencies for failing to prepare…

The court holds that the U.S. Environmental Protection Agency (EPA) does not have the authority to impose its own separate enforcement penalties on a Missouri corporation after the corporation and…