The Fifth Circuit withdrew its prior ruling and held that the discretionary function exception to the Federal Tort Claims Act (FTCA) shields the U.S. Army Corps of Engineers from liability for flood damage stemming from Hurricane Katrina.

The Ninth Circuit affirmed a lower court decision dismissing gold miners' suit against the U.S. Forest Service challenging its decision to limit the use of motor vehicles to certain roads in the El Dorado National Forest. The miners have standing to pursue their claim.

The Supreme Court of New Jersey affirmed a lower court decision dismissing the state environmental agency's contribution action against a dry cleaner under the New Jersey Spill Compensation and Control Act to recover costs incurred in investigating and remediating PCE-contaminated groundwate

A district court held that reheater replacements at a Louisiana power plant constitute a major modification and do not qualify for the routine maintenance, repair or replacement exception to the CAA's PSD provisions. In Wisconsin Electric Power Co. v.

A district court dismissed a quarry operator's lawsuit against the state environmental agency for violating its constitutional rights when it denied the operator's application to use certain fill material at a reclamation site.

A district court dismissed environmental groups' CWA suit against a coal mine for new source performance standard violations.