The court holds that the Bureau of Reclamation violated the Endangered Species Act (ESA) by renewing water supply contracts with several water districts in California before consulting with the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS). The districts rely ...

The court upholds the U.S. Army Corps of Engineers' decisions to deny permits that would have allowed landowners to build camp structures on their property in the Atchafalaya floodway in Louisiana. The landowners purchased their property subject to a perpetual flowage, channel, and disposal easement...

The court holds that it lacks jurisdiction over a building association's appeal of a decision upholding the U.S. Fish and Wildlife Service's (FWS') listing of four species of fairy shrimp as endangered or threatened under the Endangered Species Act. The district court granted partial summary judgmen...

The court holds that environmental organizations have standing to assert an Endangered Species Act (ESA) §9 claim against a lumber company whose timber harvesting operations are allegedly causing the take of coho salmon. The court first holds that the organizations have satisfied each of the elemen...

The court holds that a metal mining operator's claims against the U.S Environmental Protection Agency (EPA) for allegedly revising the Emergency Planning and Community Right-to-Know Act's (EPCRA's) toxic release inventory program as it applies to the mining industry without formal rulemaking are rip...

The court affirms a district court denial of summary judgment to a building industry association challenging the U.S. Fish and Wildlife Service's (FWS') listing of four species of fairy shrimp that live in vernal pools in California as endangered or threatened under the Endangered Species Act (ESA)....

The court affirms in part and reverses in part a district court grant of summary judgment in favor of the Bureau of Land Management (BLM) in a suit brought by an individual who alleged that a BLM transfer of federal lands in Nevada violated the Clean Air Act (CAA) and the National Environmental Poli...

The court holds that under Ohio law, the doctrine of res judicata bars property owners' Resource Conservation and Recovery Act (RCRA) suit against the property's seller for leaving gasoline buried in the soil. The owners filed their RCRA suit in federal court after they litigated contract and fraud ...

The court holds that trade associations' action for judicial review of a U.S. Environmental Protection Agency (EPA) rule permitting the use of "any credible evidence" to prove or disprove Clean Air Act (CAA) violations is not ripe for review. The heart of the associations' argument is that the credi...

The court holds that under the Clean Air Act (CAA), federal entities cannot remove to federal court state and local government actions to enforce air quality laws. A California air quality management district brought a suit against the United States in state court seeking civil penalties for a U.S. ...