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Wolf Recovery Fund v. U.S. Forest Serv.

A district court denied environmental groups’ motion for injunctive relief and found that the use of helicopters by the U.S. Forest Service to dart and collar wolves in the Frank Church Wilderness did not violate the Wilderness Act or NEPA. The Forest Service issued a special permit to the Ida...

Precision Pine & Timber, Inc. v. United States

The Federal Circuit reversed in part and affirmed in part a lower court decision that held that the United States breached express and implied warranties to a timber harvesting company when it suspended certain timber harvesting contracts in order to comply with a court order that prohibited harvest...

United States v. Reis

The Ninth Circuit affirmed a corporate officer’s conviction under RCRA relating to the illegal storage of hazardous waste. The officer argued that the United States could charge and obtain a conviction against the corporation or him, but not both. The court disagreed. Both the corporation and ...

United States v. Saporito

A district court granted the United States’ motion for summary judgment to recover under CERCLA costs it incurred to clean up hazardous substances from a metal plating facility. First, on the issue of responsible party, the court held that, although it was a disputed question of fact as to whe...

Crandall v. Denver, City & County of

The Tenth Circuit affirmed a lower court decision that denied a current and a former airline employee injunctive relief under the citizen suit provision of RCRA to prohibit full-plane deicing at airport gates and to require other precautionary steps relating to airport deicing fluid (ADF) as the emp...

Concerned Citizens Around Murphy v. Murphy Oil USA, Inc.

A district court granted in part and denied in part an environmental group’s motion for partial summary judgment on issues of standing and liability related to a refinery’s alleged violations of emission limitations set by the Louisiana Department of Environmental Quality pursuant to its...

Oswego Auth., Port of v. Grannis

The South Carolina Supreme Court reversed an administrative law court (ALC) decision to find that the South Carolina Department of Health and Environmental Control (DHEC) properly exercised its authority under the CZMA in denying a stormwater permit for a developer to fill in isolated freshwater wet...

Sierra Club v. Powellton Coal Co.

A district court granted in part and denied in part environmental groups’ motion for summary judgment on certain CWA and SMCRA claims against a mining company. Prior to the filing of the lawsuit, the company had entered into a consent order with the West Virginia Department of Environmental Pr...

United Farm Workers of Am., AFL-CIO v. Environmental Protection Agency

The Ninth Circuit affirmed a lower court decision that it lacked jurisdiction over an action challenging an EPA order permitting certain uses of the pesticide Azinphos-Methyl. The cardinal condition for district court jurisdiction under FIFRA §16(a) is that the Administrator of EPA had made a d...

Hells Canyon Preservation Soc'y v. United States Forest Serv.

The Ninth Circuit affirmed a lower court decision that it lacked jurisdiction over an action challenging an EPA order permitting certain uses of the pesticide Azinphos-Methyl. The cardinal condition for district court jurisdiction under FIFRA §16(a) is that the Administrator of EPA had made a d...