The court affirms a district court decision ordering two Nevada ranchers to pay a fee for grazing their livestock on Humboldt National Forest land without a permit and enjoining further unauthorized grazing. The court rejects the ranchers' argument that they did not trespass on federal forest land b...

The court holds that the Federal Energy Regulatory Commission (FERC) failed to comply with §4(e) of the Federal Power Act (FPA) in denying an application for a license to build a hydroelectric power plant on Lena Creek in the Olympic National Forest. The court first holds that FERC properly interpr...

The court holds that the U.S. Army Corps of Engineers' (the Corps') decision to issue a Federal Water Pollution Control Act §404(b) permit that allows an electronics company to fill 10.4 acres of wetlands in Eugene, Oregon, for the construction of a semiconductor fabrication plant was rationally ba...

The court holds that the U.S. Forest Service violated the National Environmental Policy Act (NEPA) and the Federal Water Pollution Control Act (FWPCA) by issuing a ski-resort operator a permit to expand its ski resort in the White Mountain National Forest in Lincoln, New Hampshire. The permit allowe...

The court holds that the purchaser of the assets of a company that disposed of waste oil at the Ekotek, Inc. facility in Utah is not liable as a successor corporation for contribution to plaintiff's cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA...

The court affirms a district court decision that a bank and a lead smelting company that conducted site remediation pursuant to U.S. Environmental Protection Agency (EPA) orders issued under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are entitled to contributi...

The court holds that applying the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to on-site disposal of hazardous substances does not violate the Commerce Clause of the U.S. Constitution, and that CERCLA applies to hazardous substance disposal that predated the statut...

The court invalidates a U.S. Environmental Protection Agency (EPA) rule that required states in the northeastern ozone transport commission (OTC) to adopt California's vehicle-emissions program. The court first holds that EPA improperly conditioned approval of a state's revised state implementation ...

The court denies defendant chemical companies' motions to dismiss landowners' Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims to recover the costs of cleaning up contamination caused by leaking chemicals from a site that was used to package, store, and ship haza...

The court holds that the U.S. Forest Service did not violate the National Forest Management Act (NFMA) or the National Environmental Policy Act (NEPA) in developing and amending a land and resource management plan (LRMP) for old growth forests in the Winema National Forest in Oregon. The court first...