The Eleventh Circuit affirmed in part and reversed in part a lower court decision upholding the U.S. Fish and Wildlife Service's (FWS') approval of a protection plan for the Cape Sable seaside sparrow in the Everglades. The protection plan concerned the impact of certain gates within the Everglades ...

The Tenth Circuit held that an individual who already recovered costs incurred responding to environmental damages at a large gold mine facility in Colorado is not entitled to contribution. The individual—the former director and president of the mining company—sought contribution for the amount ...

A district court held that the Bureau of Land Management (BLM) violated the Endangered Species Act (ESA) and National Environmental Policy Act (NEPA) in connection with its September 2005 decision to lease 32,000 acres of land in Colorado for oil and gas development. Although BLM did not formally co...

The court holds that the U.S. Environmental Protection Agency's (EPA's) Import for Disposal Rule violates the polychlorinated biphenyl (PCB) import ban contained in the Toxic Substances Control Act (TSCA). The court first grants a motion by the environmental group that challenges the rule for leave ...

The court holds that discharges to groundwater are not subject to regulation under the Federal Water Pollution Control Act's (FWPCA's) national pollutant discharge elimination system (NPDES) program. The court first holds that discharges of pollutants into groundwater are not subject to the NPDES pe...

The court affirms the convictions of a meat-packing plant manager and engineer for violating the Federal Water Pollution Control Act (FWPCA) by manipulating the testing process for the level of ammonia nitrate in the wastewater disposed of by the plant in order to appear to comply with the plant's n...

The court holds that a landowner who voluntarily began remediation of petroleum contaminated land cannot seek remediation costs from prior owners under the Resource Conservation and Recovery Act (RCRA) when remediation activities are in place or substantially in place at the time of the suit. The co...

The court holds that two environmental groups cannot prove injury or threat of injury under the Federal Water Pollution Control Act (FWPCA) and thus lack standing necessary to enforce an injunction or to bring an FWPCA §505 citizen suit against a manufacturer for violating its national pollution di...

The court holds that landowners are not entitled to compensation from the United States for well easements and access corridors constructed on their property by the U.S. Environmental Protection Agency (EPA). The court first rejects landowners' argument that the court erred in the liability phase of...

The court holds that an environmental group that filed a citizen suit under the Endangered Species Act (ESA) has procedural standing to sue the Federal Energy Regulatory Commission (FERC), the U.S. Forest Service, and a national forest supervisor; the court, however, dismisses the group's claims con...