Governance

The court holds that the U.S. Department of Transportation (DOT) acted within the scope of its discretion in issuing a regulation that established a rebuttable presumption that loose closures on…

The court holds that native Alaskans may not bring a public nuisance action to recover damages for noneconomic "cultural" injuries they incurred as a result of the 1989 grounding of the…

The court holds that several physicians' and a toxicologist's testimony that an individual's exposure to an herbicide caused his medical problems is inadmissible. None of the…

The court holds that the Freedom of Information Act (FOIA) requires the U.S. Forest Service to release to an environmental group management territory maps identifying Mexican spotted owl nest…

The court rescinds a contract under which a metal refining company sold a contaminated site in Queens, New York, to the U.S. Postal Service. Applying New York law, the court first holds that…

The court holds that property owners' negligence, nuisance, and trespass claims against a battery crushing and lead processing plant in their neighborhood are time barred. The court first…

The court holds that an electric utility company lacks standing under the National Environmental Policy Act (NEPA) to challenge a U.S. Forest Service environmental impact statement approving a…

The court holds that a former owner of petroleum-contaminated property is not liable to the current owner on state-law claims of fraud and strict liability for the alleged expense of removing…

The court holds that the Endangered Species Act's (ESA's) prohibition on the "take" of endangered species is not unconstitutional as applied to purely local activities that…

The court holds that Washington oil spill prevention laws are not preempted by federal statute, do not violate the Commerce Clause or Foreign Affairs Clause of the U.S. Constitution, and are not…