A district court set aside permits issued by the U.S. Army Corps of Engineers and the U.S. Fish and Wildlife Service to members of the limestone mining industry to conduct mining in water conservation areas in Florida. Keeping limestone products available for purchase from local producers and collec...

The Tenth Circuit upheld a lower court decision that the U.S. Forest Service complied with the National Environmental Policy Act (NEPA) and the National Forest Management Act (NFMA) in conjunction with its approval of a logging project within the Rio Grande National Forest. The Forest Service compli...

The court reversed and remanded a lower court judgment denying environmental groups' motion to preliminarily enjoin the U.S. Forest Service's selective logging of 3,829 acres of forest in the Idaho Panhandle National Forests. The groups demonstrated a probability of success on the merits and a possi...

The court vacated portions of two U.S. Environmental Protection Agency (EPA) rules that regulate hazardous air pollution from processing plywood and composite wood products (PCWPs). The 2004 rule set emission standards for PCWPs and created a PCWP “low risk” subcategory, pursuant to Clea...

The court held that the Comprehensive Environmental Response, Compensation, and Liability Act's (CERCLA's) federally required commencement date only applies to personal injury claims, not wrongful death claims. The court, therefore, upheld a lower court decision dismissing a wrongful death claim aga...

A district court held that National Oceanic and Atmospheric Administration-Fisheries' (NOAA)-Fisheries) Hatchery Listing Policy (HLP) for Pacific salmon and steelhead trout violates the Endangered Species Act (ESA). The HLP provides guidance on how hatchery-raised fish are to be treated when making ...

A district court held that a potential responsible party (PRP) may seek contribution from a city under the Comprehensive Environmental Response, Compensation, and Liability Act for cleanup costs incurred at the South Eighth Street Landfill in West Memphis. The city argued that the PRP is barred from...

A district court denied a sheep herder's motion to temporarily restrain or preliminarily enjoin a U.S. Forest Service order prohibiting the herder from allowing its sheep to graze on portions of the Hells Canyon National Recreation Area. The Forest Service based its decision on the ground that domes...

The court vacated U.S. Environmental Protection Agency's (EPA's) national emission standards for hazardous air pollutants (NESHAPs) for industrial, commercial, and institutional boilers and process heaters as well as its definitions rule for commercial and industrial solid waste incineration (CISWI)...

The U.S. Supreme Court held that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a) provides potentially responsible parties (PRPs) with a cause of action to recover costs from other PRPs. This interpretation will not create friction between CERCLA §&sec...