The court vacated a lower court judgment enjoining two power companies from removing trees along a street so that they could inspect and maintain three underground, high-pressure, natural gas pipelines. There are genuine issues of material as to whether removal of the trees is reasonably necessary t...

The court reversed in part and affirmed in part a lower court's grant of summary judgment in favor of U.S. Environmental Protection Agency (EPA) on claims that it violated its oversight responsibility under Clean Water Act (CWA) §303(d) in approving Florida's list of impaired waters. The court ...

The court upheld National Oceanic and Atmospheric Administration-Fisheries' (NOAA-Fisheries') longline fishing regulations for the Atlantic fishery. In a 2001 biological opinion (BO), NOAA-Fisheries determined that longline fishing was likely to jeopardize the continued existence of leatherback sea ...

The court held that the California Coastal Commission unlawfully denied a permit to a company to maintain gates and no trespassing signs on its property. Inherent in one's ownership of real property is the right to exclude uninvited visitors. In prohibiting the company from excluding the public from...

The court held that lawsuits filed by California and New Hampshire against corporations that manufactured, refined, marketed, or distributed gasoline containing methyl tertiary butyl ether must be remanded to their respective state courts for adjudication. The cases were originally filed in state co...

The court held that the U.S. Army Corps of Engineers violated the Clean Water Act (CWA) in issuing a permit that allows a mining company to discharge 210,000 gallons of slurry per day from the company's "froth-flotation mill" into Lower Slate Lake, a 23-acre lake in the Tongass National Forest in Al...

The court dismissed a town's nuisance claim against the owners of an national priorities list site in Illinois. An interim consent order required the owners to complete a remedial investigation and feasibility study and to take remedial action at the site. The town was not a party to the interim con...

The court held that a lower court erred when it reversed a state environmental agency's decision to issue a national pollutant discharge elimination system (NPDES) permit for a proposed wastewater treatment plant. The plant's discharge would flow into a body of water with impaired status under the C...

The court held that certain property a country club purchased and leased from a chemical company no longer remains subject to a deed restriction and right of first refusal in the company's favor. The case arose after the club sought to sell some of its property free and clear of the deed restriction...

The D.C. Circuit dismissed a petition for review of the addition of several chemicals to a list of dangerous chemicals published by a private group of industrial hygienists. Industry groups argued that publication of the privately created list effectively amended the OSHA's Hazard Communication Stan...