American Tunaboat Association v. Brown
67 F.3d 1404 (9th Cir. 1995)
The America Tunaboat Association (ATA) brought an action to enjoin the National Marine Fisheries Service (NMFS) from enforcing the fishing ban NMFS determined was necessary to prevent ATA from killing more dolphins than its permit quota allowed. The Ninth Circuit... {Continue reading}

Dioxin/Organochlorine Center v. Clarke
57 F.3d 1517 (9th Cir. 1995)
Environmental groups and paper and pulp mills brought suit challenging, for different reasons, an action of the Environmental Protection Agency (EPA) under the Clean Water Act (CWA) in setting a Total Maximum Daily Load (TMDL) limiting the amount of dioxin... {Continue reading}

Environmental Advocates v. City of Portland (NWEA II)
56 F.3d 979 (9th Cir. 1995), cert. denied, 116 S. Ct. 2550 (1996)
The plaintiffs, Northwest Environmental Advocates (NWEA) brought this suit to enjoin the City of Portland from discharging raw sewage during times of heavy rain through combined sewer overflow (CSO) outfalls into the WillametteRiver and Columbia Slough. The district court held... {Continue reading}

Leslie Salt Co. v. United States (Leslie Salt IV)
55 F.3d 1388 (9th Cir. 1995),certdenied, 116 S. Ct. 407 (1995)
The Ninth Circuit, reviewing its earlier decision in Leslie Salt Co. v. United States (Leslie Salt II),[1]followed the law of the case doctrine and held that the migratory bird rule was valid and that civil penalties are mandatory under section... {Continue reading}

Mohave Valley Irrigation & Drainage District v. Norton
244 F.3d 1164 (9th Cir. 2001)
The Mohave Valley Irrigation & Drainage District (Irrigation District), located in western Arizona, sued the Secretary of the Department of Interior alleging that the United States breached a 1968 contract that entitled the Irrigation District to an annual allotment of... {Continue reading}

United States v. Alpine Land & Reservoir Co.
340 F.3d 903 (9th Cir. 2003)
The United States and the Pyramid Lake Paiute Tribe (Tribe) challenged the Nevada State Engineer's decision to approve landowners' applications to change the place of use of water rights on their farms. The appeals of three landowners, whose applications for... {Continue reading}

United States v. Alpine Land and Reservoir Co.
341 F.3d 1172 (9th Cir. 2003)
Churchill County, Nevada (County) and the City of Fallon, Nevada (City) brought this action against the State Engineer of Nevada, claiming that he violated Nevada state law when he approved eight applications to transfer the place of use of water... {Continue reading}

United States v. Clifford Matley Family Trust
354 F.3d 1154 (9th Cir. 2004)
The United States and the Pyramid Lade Paiute Tribe of Indians (collectively appellants) requested an evidentiary hearing in district court concerning the court-appointed Water Master's report recommending approval of a petition by the Matley family to reclassify its Nevada farm... {Continue reading}

Washington Trout v. McCain Foods, Inc.
45 F.3d 1351 (9th Cir. 1995)
The United Food and Commercial Workers Union and environmental groups filed suit against McCain Foods, a potato processor in WashingtonState, claiming McCain's alleged discharges into Owl Creek violated the Clean Water Act (CWA) because McCain did not have a... {Continue reading}