The court holds that the Administrative Procedure Act (APA) §702 does not waive the federal government's sovereign immunity in a war contractor's suit for specific performance of a settlement contract in which the government agreed to assume liability for all claims incurred in connection with the ...

The court reverses a district court decision holding that the U.S. Department of Housing and Urban Development's (HUD's) disbursement of federal funds for a low-income housing project barred a group of homeowners' National Historic Preservation Act (NHPA) and National Environmental Protection Act (N...

The court upholds the U.S. Environmental Protection Agency's (EPA's) decision granting "treatment as state" (TAS) status under Federal Water Pollution Control Act (FWPCA) §518 to two tribes to promulgate water quality standards for all point sources within the boundaries of the Flathead Indian Rese...

The court holds that U.S. activities at a California mine during World War II did not subject it to liability as an operator under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). During the war, the United States encouraged national mine production through governm...

The court holds that the law of the case precludes a mine owner's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §104(a)(3)(A) challenge of U.S. Environmental Protection Agency (EPA)-selected remedies for releases from a mine. CERCLA §104(a)(3)(A) prohibits EPA reme...

The court holds that the U.S. Environmental Protection Agency (EPA) lacks the statutory authority under the Federal Water Pollution Control Act (FWPCA) and the Endangered Species Act (ESA) to impose a consultation requirement and retain an oversight veto over Louisiana's implementation of its state ...

The court holds that the U.S. Forest Service did not violate the Federal Water Pollution Control Act (FWPCA) by issuing a cattle grazing permit for the Malheur National Forest in Oregon without obtaining FWPCA §401 state certification that the grazing and subsequent nonpoint source releases to a ri...

The court holds that a 1994 notation in the public land records segregated certain federal lands in southern California from the operation of mining laws and rendered mining claims void ab initio. The court first holds that the notation recording a June 1994 segregation in the relevant U.S. Bureau o...

The court holds that a district court properly imposed a $4.031 million civil penalty against a dairy based on the wrongful profits realized by the dairy during the period it violated its Federal Water Pollution Control Act (FWPCA) permits. The court calculated wrongful profits by measuring the econ...

The court holds that the prior owner of contaminated property must reimburse the current owner for future, but not past, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cleanup costs. The court first holds that the sales contract for the property did not extinguish the...