The court holds that the Alaska National Interest Lands Conservation Act (ANILCA) does not preclude two U.S. Forest Service timber sales in the Tongass National Forest in Alaska. The tribal governments allege that the sales violate an ANILCA provision that prohibits public land use that significantl...

The court upholds the conviction of an asbestos removal and disposal company for knowingly discharging asbestos into navigable waters of the United States in violation of Federal Water Pollution Control Act (FWPCA) §309(c)(2). The court first holds that the waterway into which the company discharge...

The court upholds the convictions and sentences of two transporting companies and their chief operating officer for visa fraud, environmental crimes, conspiracy, and racketeering. Defendants used barges, which a hurricane had damaged and shifted from their permitted positions, as docks, repair facil...

The court holds that federal and state transportation agencies complied with the Department of Transportation Act (DOTA) and the National Environmental Policy Act (NEPA) in selecting an underpass alternative for a bridge replacement project. The selected alternative would send traffic through a town...

The court holds that the Secretary of the Interior did not violate the Administrative Procedure Act (APA) by rescinding a record of decision (ROD) that approved the issuance of a patent for and direct sale of 1,000 acres of federal land to a state for use as a low-level radioactive waste facility. T...

The court dismisses as untimely a wood-treating facility's appeal of a civil penalty assessed by an administrative law judge (ALJ) for violating the Federal Water Pollution Control Act (FWPCA). The court first holds that it lacks jurisdiction to review the penalty assessed against the facility. FWPC...

The court enjoins the director of the West Virginia environmental agency from granting surface mining permits in violation of the Surface Mining Control and Reclamation Act (SMCRA) buffer zone rule that prohibitsvalley fills within 100 feet of intermittent and perennial streams. The court first hold...

The court holds that a study plan entered into between the U.S. Forest Service and a helicopter logger for the testing of an aerial yarding system was not an enforceable contract as part of a conventional logger's proposed timber sale in the Six Rivers National Forest in California. Before the timbe...

The court partially grants the U.S. Environmental Protection Agency's (EPA's) motion to amend a consent decree it entered into with various organizations that requires the Agency to promulgate regulations for cooling water intake structures under the Clean Water Act (CWA) §316(b). EPA sought to bif...

The court holds that the U.S. Army, the U.S. Department of Defense (DOD), and a private company did not violate the Resource Conservation and Recovery Act (RCRA), the Toxic Substances and Control Act (TSCA), and the National Environmental Policy Act (NEPA) in their past operation and continued prese...