A court grants in part and denies in part Massachusetts government officials' motions to dismiss Clean Air Act (CAA) claims filed against them by an environmental group concerning the Central Artery/Third Harbor Tunnel project in Boston, also known as the "Big Dig." The group's claims stem from alle...

The court affirms the denial of an intervenor's motions for reconsideration of a consent decree between a sewer district and the U.S. Environmental Protection Agency concerning the Great Lakes Container Corporation Superfund site in St. Louis, Missouri. The intervenor argued that the district falsel...

The court affirms an individual's conviction for discharging pollutants into the Wind River in Wyoming in violation of the Clean Water Act (CWA). The individual argued that his use of a bulldozer to construct dikes did not amount to the addition of a pollutant into the river because the construction...

The court upholds the dismissal of an environmental group's motion to preliminarily enjoin the reopening of the Hawaii-based longline swordfish fishery. Because the group's environmental claims were appropriately characterized as an attack on regulations reopening a fishery, the Magnuson-Stevens Fis...

The court holds that the U.S. Forest Service has the authority to recalculate the annual motorboat use base-period for certain lake chains within the Boundary Waters Canoe Areas Wilderness (BWCAW) to correct a significant legal error made manifest by an earlier court ruling. Although Congress was si...

The court partially grants environmental organizations' petitions for review of U.S. Environmental Protection Agency (EPA) orders denying their requests that the Agency object to four Clean Air Act Title V permits issued by the Georgia Environmental Protection Division. EPA abused its discretion and...

The court upholds the dismissal of a city's claims challenging dredge and fill permits issued by the U.S. Army Corps of Engineers (the Corps) under the Clean Water Act for an airport expansion project in Cleveland, Ohio. The Corps properly relied on the state agency's express waiver of authority to ...

The court holds that various associations' challenge to a U.S. Environmental Protection Agency and U.S. Army Corps of Engineers' (the Corps') regulation concerning permit requirements for the discharge of dredged or fill material into waters of the United States is ripe and reversed a lower court's ...

The court upholds the denial of a property owner's request for cleanup costs against a former lessee of the property. There are no genuine issues of material fact regarding whether the property owner substantially complied with the national contingency plan (NCP). The property owner afforded the pub...

The court affirms the dismissal of a rancher's Fifth Amendment claim against the United States for the taking of his water rights on federally owned grazing land within the Lewis and Clark National Forest. The rancher alleged that by allowing another permittee to graze on the land at issue, the Unit...