A district court denied an environmental group's motion for summary judgment on claims that a logging company violated the Clean Water Act (CWA) with respect to logging activities near a brook situated several miles upstream of Scotia, California. Contrary to assertions of the lumber company, the gr...

A district court denied landowners' motion for an interim award of attorneys fees and costs in connection with their Clean Water Act (CWA) action against a company for failing to obtain a CWA permit before conducting dredging activities at the Fawn River State Hatchery. At this stage of the litigati...

A district court held that a party potentially responsible for the cleanup of property contaminated by hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), but not able to bring an action for contribution under §113(f) of that statute, m...

The court upheld a Surface Transportation Board decision approving a railroad company's proposal to build approximately 240 miles of new rail line to reach the coal mines of Wyoming's Powder River Basin and to upgrade more than 600 miles of existing rail line in Minnesota and South Dakota. The board...

The court affirmed in part and reversed in part a lower court judgment requiring certain parties to pay a past operator 90% of past and future response costs it incurred and will incur at the Armour Road Superfund site in Kansas City, Missouri. The district court abused its discretion in refusing to...

The court denied a petition to review the Federal Energy Regulatory Commission's (FERC's) decision not to initiate formal consultation with National Oceanic and Atmospheric Administration (NOAA)-Fisheries about the operation of a hydroelectric project. The project is operated by a utility under a 30...

The court upheld a lower court decision that the U.S. Department of the Interior (DOI) violated the Administrative Procedure Act (APA) when it approved certain amendments to West Virginia's surface coal mining regulatory program. Contrary to arguments of the DOI, the agency was required to comply wi...

The court dismissed an environmental group's Endangered Species Act (ESA) claims against the Administrator of the U.S. Environmental Protection Agency (EPA) and the Director of the Oregon Department of Environmental Quality for failing to initiate and complete formal consultation with the U.S. Fish ...

The court upheld a lower court decision refusing to preliminarily enjoin the U.S. Forest Service's implementation of a "hazardous fuel reduction project" in the Bitterroot National Forest in Montana. The project entails the treatment of 4,938 acres of land within the forest. The group argued that th...

The court held that, "by the slimmest of margins," the U.S. Army Corps of Engineers' issuance of a regional general permit authorizing the dredge and fill of wetlands in a 48,150-acre region in Northwest Florida does not violate the Clean Water Act (CWA) or the National Environmental Policy Act (NEP...