The court denies a petition to review a U.S. Environmental Protection Agency (EPA) rule implementing a critical use exemption for methyl bromide, an ozone-depleting substance. An environmental group argues that the rule violates post-treaty decisions made by party nations to the Montreal Protocol on...

The court partially grants petitions for review of Federal Energy Regulatory Commission (FERC) orders granting a conditional license to a city to operate a hydroelectric project on the Skokomish River in the state of Washington, but it does not vacate the license. FERC exceeds its statutory authorit...

The court holds that it lacks jurisdiction to hear a company's appeal of a lower court decision dismissing its contribution claim against a corporation for mercury contamination surrounding Berry's Creek in Bergen County, New Jersey. In 1983, a state court found the company and several other entitie...

The court partially vacates and remands an order of summary judgment dismissing blueberry farmers’ claims against a pesticide company for damage to their crops. The farmers argue that the damage resulted from mixing a new chemical insecticide containing a non-disclosed surfactant with previous...

The court holds that coal-fired electric power plants must obtain a permit from the U.S. Environmental Protection Agency (EPA) to make modifications that will increase annual emissions even if the modifications do not increase hourly emissions. The regulation at issue, 40 C.F.R. §52.21, require...

The court upholds a lower court summary judgment decision dismissing an airport authority's action for response costs incurred during an airport expansion project. The costs are not "necessary" and the authority fails to present "appropriate remedial alternatives" in a timely manner. The authority, ...

The court dismisses a farmer's takings claim against the U.S. government for requiring him to remediate wetlands on his property. Prior to his ownership of the farm, portions of his land were drained with the assistance of the U.S. Department of Agriculture. After he acquired the property from his p...

A district court holds that the Animal and Plant Health Inspection Service (APHIS) violates the Endangered Species Act (ESA) and National Environmental Policy Act (NEPA) in permitting four companies to plant genetically modified crops in Hawaii to produce experimental drugs. APHIS argues that it com...

The court holds that a city that discharges wastewater without a national pollutant discharge elimination system (NPDES) permit into a pond that contains wetlands adjacent to a river violates the Clean Water Act (CWA). In light of the U.S. Supreme Court's decision in Rapanos v. United States, 126 S....

The court upheld the U.S. Environmental Protection Agency's (EPA's) regional haze rule, which was promulgated to remedy visibility impairment in national parks and wilderness areas. The rule requires that under specified circumstances, states impose best available retrofit technology (BART) on any B...