The court vacated the Final Phase 1 Rule to Implement the Eight-Hour Ozone National Ambient Air Quality Standards, promulgated by U.S. Environmental Protection Agency (EPA) in 2004 under the Clean Air Act to reduce smog. The court held that EPA "failed to heed the restrictions on its discretion set ...

The court remanded portions of a U.S. Environmental Protection Agency (EPA) rule promulgated under Clean Water Act §316(b) intended to protect fish, shellfish, and other aquatic organisms from being harmed or killed by cooling water intake structures at large, existing power-producing facilities. C...

The court affirmed in part and reversed in part a lower court decision denying environmental groups' motion to preliminarily enjoin a U.S. Forest Service post-fire logging sale in the Umatilla National Forest. Although the groups may ultimately succeed on the merits of their National Environmental P...

The court holds that the U.S. Forest Service complied with the National Environmental Policy Act (NEPA) and the National Forest Management Act (NFMA) in connection with a proposed resource management project in the Helena National Forest. The Forest Service did not err in preparing an environmental ...

The court holds that contrary to decisions of the First and Eighth Circuits, the jurisdictional bar of Clean Water Act (CWA) §309(g) only applies to claims for civil penalties, not for equitable relief, and, therefore, affirms the dismissal of union member's civil penalty claims against a tire and ...

A court grants the government's motion to dismiss a property owner's Resource Conservation and Recovery Act (RCRA) and state-law tort claims against the U.S. Army Corps of Engineers (Corps) for failing to properly and timely implement its remedy and to satisfactorily abate the contamination at a for...

The court holds that the boundaries the U.S. Environmental Protection Agency (EPA) established for ozone nonattainment areas under the Clean Air Act are neither arbitrary nor capricious. This case concerns Ocean County, New Jersey, and Cecil County, Maryland. Ocean County is in the New York-Northern...

The court holds that the U.S. Army Corps of Engineers' jurisdiction under the Clean Water Act extends to three cranberry farms in Carver, Massachusetts. The sites are inseparably bound up with the navigable-in-fact Weweantic River because of the uncontested fact that there is a hydrological connecti...

The court upholds individuals' convictions for cutting and removing ginseng—a forest product—from the Ouachita National Forest without authorization. The U.S. Forest Service had jurisdictional authority, there was sufficient evidence for the convictions, and the individuals' constitutional right...

The court dismisses business owners' general maritime law, Oil Pollution Act, Comprehensive Environmental Response, Compensation, and Liability Act, and state-law claims against a barge that ran into a bridge in Louisiana. The cargo on the barge—a gaseous mixture of propylene/propane—discharged ...