The court holds that the U.S. Army Corps of Engineers' regulation defining waters of the United States to include those waters whose degradation "could affect" interstate commerce exceeds its statutory authority under the Federal Water Pollution Control Act (FWPCA) as limited by the U.S. Commerce Cl...

The court holds that a challenge to the U.S. Army Corps of Engineers' withdrawal of a company's Federal Water Pollution Control Act (FWPCA) §404 permit application from active status for failure to include the statutorily required state water quality certificate (WQC) is not ripe. The court first h...

The court holds that 28 U.S.C. §2462's five-year statute of limitations for civil penalty actions does not bar the federal government's Federal Water Pollution Control Act (FWPCA) claim for injunctive relief against a Colorado ski area for illegally filling approximately 45 acres of wetlands. In it...

The court vacates on mootness grounds a district court award of civil penalties in environmental groups' citizen suit against a company for Federal Water Pollution Control Act national pollution discharge elimination system violations. The groups appealed as inadequate the district court penalty det...

The court dismisses without prejudice an environmental justice coalition's Resource Conservation and Recovery Act (RCRA) and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) citizen suits against the U.S. Environmental Protection Agency (EPA) for lack of subject matter ...

The court dismisses a property owner's Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Federal Water Pollution Control Act (FWPCA), and state-law claims against its neighbor for allegedly contaminating the property owner'...

The court holds that the 1997 Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act did not require the U.S. Environmental Protection Agency (EPA) Administrator to set aside $10 million for health effects studies in fiscal years 1995, 1996, an...

The court upholds the U.S. Forest Service's decision to validate a mineral company's mining claims in the Cabinet Mountains Wilderness Area in Montana. The claims at issue were relocated claims that overlapped with two previously discovered company claims. The court first holds that the claims are v...

The court holds that an oil company is not entitled to compensation from the Oil Spill Liability Trust Fund (the Fund) for all of the recovery costs and damages it incurred from an oil spill and an ensuing fire that was caused by a third party. The court first holds that under Oil Pollution Act (OPA...

The court denies a company's petition to review the U.S. Environmental Protection Agency's (EPA's) determination that the company may not collaterally attack the validity of its state-issued national pollutant discharge elimination system permit during the course of an EPA enforcement action. The co...