The court issues an amended opinion superseding the one appearing at 14 ELR 20531.
The court rules that an intervenor in a Federal Energy Regulatory Commission (FERC) hydropower licensing proceeding is not automatically entitled to a trial-type evidentiary hearing. The court first holds that petiti...

The court rules that the Forest Service substantially complied with the National Environmental Policy Act (NEPA), the National Forest Management Act (NFMA), the Endangered Species Act (ESA), the National Forest Roads and Trils Act (NFRTA), and the Wild and Scenic Rivers Act (WSRA) in deciding to bui...

The court holds that the Pacific Northwest Power Planning and Conservation Act's (Regional Act's) short deadlines for offering power contracts do not excuse the Bonneville Power Administration (BPA) from complying with the National Environmental Policy Act (NEPA) in offering contracts; however, the ...

The court rules that a state statute passed while appeal was pending empowered the Connecticut Resources Recovery Authority (CRRA) to operate a landfill without preparing a state environmental impact evaluation (EIE), obtaining local government consent, or complying with local zoning laws. The court...

The court holds that a state statute forbidding recovery of costs associated with construction of an electric power plant before the plant begins production bars recovery of investment in the abandoned Pilgrim 2 nuclear plant. The court rejects the utility's contentions that the phrase "construction...

The court holds that plaintiffs' public lands grazing permits were properly revoked by the Bureau of Land Management (BLM) based on a finding that plaintiffs had committed willful and repeated trespasses on public lands. The court begins by setting out the standard for termination of grazing permits...

The court holds that a citizen suit under the Resource Conservation and Recovery Act (RCRA) to compel the Environmental Protection Agency Regional Administrator to exercise his imminent hazard enforcement authority with respect to two dump sites in Pennsylvania is barred because RCRA §7003(a) enfor...

The court rules that defendants, who reclaim anthracite silt from old underground mine processing sites, are surface miners under the Surface Mining Control and Reclamation Act (SMCRA) and must pay SMCRA reclamation fees. The expert testimony offered at trial supports the trial court's finding that ...

The court holds that debtors who have filed for bankruptcy nonetheless are liable to the United States for post-filing interest on delinquent Surface Mining Control and Reclamation Act reclamation fees. The court first rules that the "fees" are in fact taxes since they are involuntary exactions furt...

The court rules that defendant violated a non-discretionary duty in failing to act on plaintiffs' Clean Air Act §126 petitions, which concern interstate air pollution from the midwest, within 60 days and failed to demonstrate that he should be allowed extra time. Defendant concedes that he has viol...