Bering Strait Citizens for Responsible Resource Development v. United States Army Corps of Engineers
524 F.3d 938 (9th Cir. 2008)
Bering Strait Citizens for Responsible Resource Development, and two private citizens (collectively Plaintiffs) petitioned the Ninth Circuit Court of Appeals for relief after the District Court for the District of Alaska dismissed Plaintiffs' motion for a temporary restraining order... {Continue reading}

Center for Biological Diversity v. National Highway Traffic Safety Administration
508 F.3d 508 (9th Cir. 2007)
Four public interest organizations, eleven states, the District of Columbia, and the City of New York (collectively petitioners), challenged a Final Rule issued by the National Highway Traffic Safety Administration (NHTSA) that set corporate average fuel economy (CAFE) standards... {Continue reading}

Daubert v. Merrell Dow Pharmaceuticals
43 F.3d 1311 (9th Cir.), cert. denied, 116 S. Ct. 189 (1995)
Jason Daubert and Eric Schuller sued Merrell Dow for compensation for limb reduction birth defects allegedly caused by their mothers' ingestion of Bendectin, a morning sickness pill manufactured by Merrell Dow. The district court granted summary judgment for Merrell Dow... {Continue reading}

Durfey v. E.I. DuPont De Nemours Co.
59 F.3d 121 (9th Cir. 1995)
In 1990, five class action suits were filed against current and former operating contractors of Hanford Nuclear Reservation. Among the allegations were claims of personal injury, property damage, business losses, and the tort of medical monitoring. The U.S. District Court... {Continue reading}

Kennedy v. Collagen Corp.
67 F.3d 1453 (9th Cir. 1995), cert. denied, 116 S. Ct. 2579 (1996)
Charlotte Kennedy was treated with Zyderm Collagen Implant (Zyderm) for soft tissue skin defects. Following her treatment, Mrs. Kennedy developed systemic lupus erythematosus (SLE), an auto-immune disease. Charlotte and Robert Kennedy sued Collagen, alleging state common law negligence, strict... {Continue reading}

Resource Investment, Inc. v. United States Army Corps of Engineers
151 F.3d 1162 (9th Cir. 1998)
Resources Investments, Inc. (RII) sought to develop a solid waste landfill in Pierce County, Washington. The Army Corps of Engineers (Corps), however, denied RII's request for a dredge and fill permit for the landfill under the Clean Water Act.[1] The... {Continue reading}

Sierra Club v. Bosworth
510 F.3d 1016 (9th Cir. 2007)
Plaintiffs Sierra Club and Sierra Nevada Forest Protection Campaign (Sierra Club) sued in federal district court alleging the United States Forest Service and the Department of Agriculture (USFS) violated the National Environmental Policy Act[1](NEPA) by promulgating a "categorical exclusion"... {Continue reading}

United States v. Burlington Northern & Santa Fe Railway Co.
520 F.3d 918 (9th Cir. 2008)
The United States Environmental Protection Agency (EPA) and the State of California's Department of Toxic Substances Control (DTSC) (the Governments) appealed the decision of the United States District Court for the Eastern District of California in an action brought... {Continue reading}