The Sixth Circuit reversed and remanded injunctive relief awarded to landowners on their Clean Air Act (CAA) fugitive dust claims against neighboring steel companies because they failed to establish irreparable harm and failed to comply with the CAA's notice provisions. The lower court properly held...

The Sixth Circuit denied an advocacy group's petition to review the U.S. Environmental Protection Agency's (EPA's) decision not to issue a notice of deficiency to the Ohio EPA for its allegedly inadequate implementation of the Clean Air Act (CAA) Title V permit program. EPA does not dispute the defi...

The Ninth Circuit held that, except for its claims under the Coastal Zone Management Act (CZMA) and the Marine Mammal Protection Act (MMPA), a city's suit to enjoin the National Park Service's (NPS') development and rehabilitation of a former military base in California is dismissed. The city had st...

The Ninth Circuit held that the world's cetaceans--whales, dolphins, and porpoises--do not have standing under the Endangered Species Act (ESA), the Marine Mammal Protection Act (MMPA), the National Environmental Policy Act (NEPA), or the Administrative Procedure Act (APA) to challenge the U.S. Navy...

A district court vacated the National Park Service's (NPS') 2001 "snowcoach rule" that bans the use of snowmobiles in the Yellowstone and Grand Teton national parks. The court determined that the rule was the product of a "prejudged, political decision to ban snowmobiles from all the National Parks....

The Ninth Circuit held that the U.S. Army Corps of Engineers' record of decision for its operation of four dams on the lower Snake River complied with Washington State's water quality standards for temperature. The Corps' conclusion that its operation of the dams, as opposed to the existence of the ...

The Eleventh Circuit upheld a jury verdict finding a company liable under the CWA and RCRA for contaminating landowners' property, but reversed the jury's award of compensatory and punitive damages on the landowners' nuisance claim. Contrary to the company's arguments, the landowners had standing to...

The Ninth Circuit held that water agencies were entitled to fees and costs under the ESA even though their underlying suit was dismissed as moot. In the suit below, the agencies argued that the National Marine Fisheries Service (NMFS) violated the ESA when it designated certain lands in California a...

The Ninth Circuit held that the U.S. Navy need not review the probable significant environmental impacts of an accidental explosion of a missile during operations at its submarine base in Bangor, Washington, under the National Environmental Protection Act (NEPA), and that it does not need to consult...

The Sixth Circuit affirmed a lower court summary judgment decision and consequent imposition of approximately $1.9 million in civil penalties against an individual for failing to adequately respond to the U.S. Environmental Protection Agency's request for information under §104 of the Comprehen...