The court holds that it lacks subject matter jurisdiction over a citizen group's Federal Water Pollution Control Act (FWPCA) suit against the U.S. Environmental Protection Agency (EPA) and the Natural Resource Conservation Service (NRCS) and further holds that EPA is exempt from the group's National...

The court dismisses trade associations' motion to enjoin future use of the U.S. Environmental Protection Agency's (EPA's) policy on Comprehensive Environmental Response, Compensation, and Liability Act settlements at municipal solid waste co-disposal sites. The policy articulates principles for EPA ...

The court holds that the U.S. Army Corps of Engineers (the Corps) complied with the Clean Water Act (CWA) §404 in promulgating nationwide permit (NWP) 21, a general permit for the discharge of dredged or fill material into U.S. waters that allows projects to proceed only after receiving individ...

The Seventh Circuit reversed and remanded a lower court decision finding a coal-fired electric power plant in the Midwest liable for making "major" modifications to the plant without first obtaining a permit from EPA in violation of the CAA. The CAA does not authorize the imposition of sanctions for...

A district court remanded FWS' finding that listing the Gunnison's prairie dog under the ESA was warranted within the "montane portion" of its range in central and south-central Colorado and north-central New Mexico but not warranted within the remaining "prairie portion" of its range. The FWS canno...

A district court dismissed, without prejudice, a company's third-party complaint against a family estate for contribution costs related to PCE contamination at a shopping center. The claims against the estate were timely. But because the decedent's involvement in the PCE contamination, investigation...

A district court dismissed gas station operators' citizen suit against an oil company for alleged RCRA and UST regulation violations and vacated a preliminary injunction ordered against the company in a previous ruling. The operators alleged that releases of petroleum product from three USTs, former...

The Ninth Circuit held that a 2001 settlement agreement between a city and a company for cleanup costs incurred at a former pesticide manufacturing plant does not establish a contribution bar against all of the claims asserted against the company in a 2006 action for cleanup costs incurred at a neig...

The Ninth Circuit held that a Forest Service project in the Gallatin National Forest to promote habitat diversity and to reduce the risks of severe wildfire, insect infestation, and disease complies with NEPA but not the National Forest Management Act (NFMA). The Service's risk reduction calculation...

The Seventh Circuit held that residents may not use the CAA's citizen suit provision to enforce Illinois' air pollution and fugitive particular matter regulations against a nearby company that stores coal in an outdoor pile before loading it onto river barges. To establish a right of action, the res...