The court reverses a district court decision dismissing environmental groups' claim that the U.S. Forest Service's commercial timber harvest plans for the Norbeck Wildlife Preserve in South Dakota violate administrative law, the National Environmental Policy Act (NEPA), and the Norbeck Organic Act. ...
The court holds that the U.S. Environmental Protection Agency (EPA) Administrator's failure or refusal to find a Clean Water Act (CWA) violation or to take enforcement action against an Arizona wastewater treatment plant are discretionary decisions that are not subject to review under the CWA. After...
The court holds that a district court abused its discretion by modifying a consent decree between the U.S. Environmental Protection Agency (EPA) and an environmental group to include a requirement that EPA develop total maximum daily load (TMDL) implementation plans for the state of Georgia. The gro...
The court vacates a district court decision holding that the Endangered Species Act's (ESA's) take provision was a valid exercise of Congress' enumerated powers because the case does not present a case or controversy under Article III of the U.S. Constitution. An individual that pumps water from the...
The court holds that the owner of an Illinois Superfund site can bring a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 action against numerous third-party companies that allegedly contributed to the contamination at the site. The U.S. Environmental Protection A...
The court affirms a district court dismissal of an environmental group's Clean Water Act (CWA) citizen suit claiming that the U.S. Environmental Protection Agency (EPA) had a non-discretionary duty to establish total maximum daily loads (TMDLs) for the state of California. The CWA TMDL program requi...
The court affirms a district court dismissal of an environmental group's Clean Water Act (CWA) citizen suit claiming that the U.S. Environmental Protection Agency (EPA) had a non-discretionary duty to establish total maximum daily loads (TMDLs) for the state of California. The CWA TMDL program requi...
The court holds that the Bald and Golden Eagle Protection Act's (BGEPA's) and the Migratory Bird Treaty Act's (MBTA's) prohibition on the sale of eagle feathers did not cause an unconstitutional taking of an individual's property. The individual lawfully acquired Native American artifacts containing...
The court grants in part and denies in part several motions and cross-motions for summary judgment as to the potential Comprehensive Environmental Response Compensation, and Liability Act (CERCLA) liability and possible attendant indemnification of a Hawaiian property owner and several current and p...
The court affirms a district court decision denying a company's request for a preliminary injunction to prevent a state environmental agency from closing the company's commercial hazardous waste landfill. After it was issued a final permit to operate the facility, the company and the state environme...