ELR Digest
The court holds that a U.S. Forest Service ruling on an environmental group's appeal to the revised forest plan (RFP) of the Targhee National Forest was untimely and, thus, prevented the group from developing a full administrative record that could be used to challenge Forest Service pro...

ELR Digest
The court remands to the U.S. Army Corps of Engineers a company's application for a permit to dump certain sediment from a channel adjoining one of its plants into a historic area remediation site. After the company applied for the permit, the Corps published notice that it intended to i...

ELR Digest
The court holds that the Quiet Title Act's 12-year statute of limitations barred a landowner's action to quiet title to a right of access to his property through the southern half of an adjoining park in South Dakota that was condemned by the federal government in 1949. The landowner was...

The court holds that a pollution exclusion clause in a rental property owner's insurance policy bars coverage of underlying claims based on the lead poisoning of a tenant's child. The court first holds that the pollution exclusion's definition of pollutant unambiguously applies to lead-based paint. ...

The court holds that the city of Cape May, New Jersey, did not violate the National Environmental Policy Act (NEPA) or the National Historic Preservation Act (NHPA) when it approved the proposed plans of an owner of a historic hotel to restore the hotel and build a conference center on the property....

The court holds that the U.S. Forest Service did not violate the National Environmental Policy Act or the Clean Water Act (CWA) in its preparation of an environmental impact statement (EIS) for the aerial spraying of pesticide over approximately 628,000 acres of national forests in Oregon and Washin...

The court reverses a state district court and holds that a state agency erred in granting the transfer of a waste transportation company's common carrier certificate to another company in exchange for that company's contract carrier permit plus $50,000. A common carrier certificate allows waste tran...

The Fifth Circuit affirmed a lower court decision dismissing an environmental restoration company's lawsuit against the U.S. Army Corps of Engineers for building new wetlands without considering whether it should buy mitigation credits from the company. The company, which invests in projects that re...

A district court held that EPA violated the APA by failing to provide notice and opportunity to comment before delaying the effective date of a January 2017 rule concerning the certification and use of “restricted use pesticides." The rule, which was to go into effect on March 6, 2017, established...

A district court dismissed environmental groups' lawsuit against the FDA concerning the use of formaldehyde and formaldehyde-producing chemicals in hair-straightening products. The groups petitioned the FDA to investigate deceptive labeling of such products, require appropriate labeling, and conside...