The court denies petitions for review of Federal Energy Regulatory Commission (FERC) orders approving and enforcing a tariff supplied by the manager of New York's electric power transmission facilities that allows electricity generators that provide power to the transmission grid to avoid transmissi...

The court upholds an individual's 17-month sentence for importing and conspiring to import protected orchids in violation of the Endangered Species Act and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The individual used legally imported orchids to avo...

The court upholds a U.S. Forest Service vegetation management project in the Klamath National Forest. An environmental group argues that the Forest Service should have prepared an environmental impact statement instead of an environmental assessment (EA) for the project and that the EA itself was in...

The court upholds a lower court decision holding that the U.S. Fish and Wildlife Service (FWS) complied with the Endangered Species Act (ESA) and the Administrative Procedure Act (APA) in listing the Buena Vista Lake shrew as an endangered species. A group of local agencies argued that the FWS faile...

The court affirms the imposition of civil penalties against New York City for operating a tunnel that delivers water from Schoharie Reservoir in the Catskill Mountains to the city without a permit. Water from the reservoir is eventually used for city drinking water. As part of the delivery process, ...

The court holds that the U.S. Forest Service violated the Endangered Species Act (ESA) when it failed to reinitiate informal consultation with the U.S. Fish and Wildlife Service (FWS) on the environmental impact of cattle grazing on the Water Canyon Allotment of the Apache-Sitgreaves National Forest...

The Court holds that operating a dam to produce hydroelectricity raises a potential for a discharge into the navigable waters of the United States, thereby triggering Clean Water Act (CWA) §401 and state certification requirements. The case arose after a company asked the Federal Energy Regulat...

The court vacates and remands a lower court's imposition of joint and several liability against two companies for their share of the cleanup costs at a manufacturing plant, but affirms the court's allocation of liability to a third party for future cleanup costs. Liability in contribution actions br...

A magistrate judge recommends the dismissal of a ranch owner's Clean Water Act and Resource Conservation and Recovery Act citizen suit action against mining companies for releasing and discharging solid and hazardous wastes into two creeks where they eventually migrated into the Rio Grande. The owne...

A court grants in part and denies in part motions to dismiss Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and state-law claims against a company that caused the release of hazardous substances on a landowner's property while it was removing equipment from that prope...