The court held that the U.S. Environmental Protection Agency (EPA) violated the Endangered Species Act (ESA) §7(a)(2) when it failed to consult with the National Marine Fisheries Service before approving certain pesticides. EPA argued that it is bound to follow only the provisions of the Federa...

The court held that the U.S. Forest Service's failure to provide for effective predecisional public involvement in the preparation of the environmental assessments (EAs) for four logging projects in the Lassan and Shasta-Trinity National Forests was contrary to law under the Administrative Procedure...

The court affirmed a lower court decision finding an excavation company liable under the Clean Water Act (CWA) for discharging dredge and fill material into navigable waters without a permit. The company dumped dredged stumps and roots into a wetland drained by a ditch that runs into a non-navigable...

The court denied a group of agencies' and companies' petitions challenging final decisions by the U.S. Environmental Protection Agency (EPA) that Indiana's and Ohio's proposed regulatory schemes governing toxic discharges into the Great Lakes were inconsistent with the Agency's Final Water Quality G...

The court dismissed on ripeness grounds an industry association's petition to review a U.S. Environmental Protection Agency (EPA) rule that deferred the national pollutant discharge elimination system permit requirement for certain oil and gas construction sites until March 10, 2005. On March 9, 200...

The court held that the U.S. Environmental Protection Agency (EPA) acted within its authority in approving California's total maximum daily load (TMDL) for the Los Angeles River despite EPA's earlier promulgation of its own TMDL when California originally failed to make a timely submission. Several ...

The court denied in part, dismissed in part, and stayed in part petitions challenging the U.S. Environmental Protection Agency's (EPA's) final national pollutant discharge elimination system general permit for stormwater discharges from construction activities. The general permit, among other things...

The Ninth Circuit affirmed individuals' convictions for stringing ropes above a proposed logging and emergency medical helicopter landing site during a tree-sitting protest in the Bitterroot National Forest in Montana. Despite the individuals' argument to the contrary, 18 U.S.C. §1864(a), which...

The Sixth Circuit affirmed the dismissal of an individual's complaint that his employer, the U.S. Department of Justice (DOJ), retaliated against him for protected behavior in violation of the whistleblower provisions of the Clean Air Act (CAA), the Federal Water Pollution Control Act (FWPCA), and t...

The Second Circuit affirmed in part a lower court's grant of summary judgment in favor of a corporation, which operated a fuel production facility in the 1950s under a government contract, in the current property owners' suit to recover costs related to the cleanup of hazardous substances on that pr...