Governance

The court dismisses on ripeness grounds U.S. and Native American tribes' request to clarify the nature and scope of tribal water rights in Oregon’s Klamath Basin and to assess the…

The court holds that the doctrine of issue preclusion bars a manufacturing company from relitigating whether an insurer has a duty to defend or indemnify the company in various class actions and…

The court affirms a district court dismissal of an environmental group's National Environmental Policy Act, National Historic Preservation Act, and Department of Transportation Act challenge…

The court grants a partial rehearing to clarify its views on the required burden of proof in environmental pollution cases, which remains proof by a preponderance of the evidence. An oil company…

The court holds that the Safe Drinking Water Act (SDWA), in requiring the U.S. Environmental Protection Agency (EPA) to promulgate national primary drinking water regulations, is a valid exercise…

The court vacates a preliminary injunction forbidding local, state, and federal government officials from taking further action to widen a municipal street in Goshen, Indiana. No formal proposal…

The court holds that a Native American tribe lacked standing to challenge the transfer of land from the U.S. Army Corps of Engineers to the state of South Dakota. The tribe argued that the title…

The court holds that under New York law, an insurer has no duty to defend a manufacturing company for environmental claims arising from gradual pollution under two insurance policies issued in…

The court holds that real estate developers who voluntarily participated in U.S. Department of Housing and Urban Development (HUD) low-income housing programs suffered a compensable, temporary,…

The court holds that a trial court erred in its determination that real estate developers who claimed that the government's enactment of legislation relating to low-income housing programs…