The court upholds the U.S. Environmental Protection Agency's (EPA's) approval of the 2003 San Joaquin Valley, California, plan to attain national ambient air quality standards for particulate matter less than 10 microns in diameter (PM10). In approving the plan, the Agency set a new attainment deadl...

The court remands for a de novo proceeding a district court decision that counties lacked a valid right-of-way for the construction of highways across federal lands managed by the Bureau of Land Management (BLM). At issue is "R.S. 2477," a statute enacted by Congress in 1866 that grants "the right o...

The court holds that a corporation is responsible for the environmental response costs of a former battery manufacturer under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) based on a "de facto merger" theory of successor liability. In 2000, the corporation merged...

The court holds that the National Marine Fisheries Service's (NMFS') 2002 fishing quota for darkblotched rockfish was based on an impermissible construction of the Magnuson-Stevens Fishery Conservation and Management Act. In adopting a rebuilding plan for an overfished species, the time period must ...

A court denies environmental groups' motion to preliminarily enjoin the filling of and construction of a shopping, sports, entertainment, and hotel complex on 7.69 acres of wetlands in East Rutherford, New Jersey. The groups failed to establish a likelihood of success on the merits of their claim. T...

The court upholds the dismissal of North Dakota's suit to enjoin the U.S. Army Corps of Engineers from releasing water from Lake Sakakawea to support downstream navigation on the Missouri River pursuant to the Flood Control Act of 1944. North Dakota alleged that the releases violate state-law water ...

The court vacates the U.S. Forest Service's approval of a timber harvesting project in the Fishlake National Forest in Utah. The Service did not properly select and monitor the management indicator species (MIS) populations used to determine the effects of management activities on other species. The...

The court holds that when deciding whether to transfer water pollution permitting authority to state governments under the Clean Water Act (CWA), the U.S. Environmental Protection Agency (EPA) must consider impacts on endangered species and their habitat under the Endangered Species Act (ESA). The c...

The court holds that the owners of inactive mines can be liable under the Clean Water Act (CWA) §§301(a) and 402 for unpermitted discharges that occur from their land. When viewed as a whole, it is apparent the liability and permitting sections of the CWA focus on the point of discharge, n...

The court holds that the U.S. Forest Service violated the National Forest Management Act (NFMA) and the National Environmental Policy Act (NEPA) in approving a wildlife improvement project that involves a timber sale within the Helena National Forest. The record does not include a basis for the Fore...