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United States v. Canal Barge Co.

The Sixth Circuit held that a lower court erred in acquitting defendants convicted for violating the Ports and Waterways Safety Act in connection with a benzene leak from a barge in the Mississippi River. The defendants were convicted for failing to immediately notify the U.S. Coast Guard of a hazar...

Conservation Law Foundation, Inc. v. Patrick

A district court granted the Massachusetts Department of Transportation's (MassDOT's) motion for judgment in a case involving its violation of municipal separate storm sewer system NPDES permits in the Boston area and denied an environmental group's motion for additional injunctive relief. Once a co...

Sierra Club v. United States Army Corps of Engineers

The Eleventh Circuit vacated a lower court decision remanding a permit issued by the U.S. Army Corps of Engineers back to the agency and enjoining a mining company from conducting operations approved in that permit. The lower court concluded the permit's issuance did not comply with the requirements...

Fund for Animals v. Hall

A district court held that FWS complied with NEPA when it approved the opening and expansion of sport hunting in 60 National Wildlife Refuges. Between 1997 and 2005, the FWS issued nine final rules creating or expanding recreational hunting opportunities on 60 wildlife refuges. In 2006, a court...

Ohio Valley Environmental Coalition v. Coal-Mac, Inc.

A district court held that mining companies violated the selenium effluent limitations set forth in their state-issued NPDES and surface mining permits. The companies had sought permit modifications from the state's environmental agency, and when those requests were denied, the companies appeal...

Ensco Offshore Co. v. Salazar

A district court, on cross-motions for summary judgment, upheld a DOI regulation requiring oil lessees to obtain drilling permits for development and production drilling but denied both motions as to a DOI regulation setting forth new requirements for drilling in the western Gulf of Mexico. Oil...

Chamber of Commerce v. Environmental Protection Agency

The D.C. Circuit denied a petition for review challenging EPA's decision granting California a waiver from federal preemption under the CAA that allows the state to implement its own regulations requiring automobile manufacturers to reduce fleet-average greenhouse gas emissions from new motor vehicl...

LM Nursing Service, Inc. v. Ferreira

A district court dismissed property owners' CERCLA, RCRA, and CWA claims against the current owner of a contaminated site for damages caused by the migration of contamination onto their property. Each of the three federal statutes requires plaintiffs to provide the owner with particular notice of th...

Gardner v. United States Bureau of Land Management

The Ninth Circuit upheld the dismissal of a citizen group's lawsuit seeking to compel BLM to prohibit off-road vehicle use in Oregon's Little Canyon Mountain area. BLM did not make a finding that the off-road vehicle use complained of by the group had caused "considerable adverse effects" that would...