The court holds that evidence of a threat of future harm to the marbled murrelet, a species protected under the Endangered Species Act (ESA), supports a permanent injunction against logging in an old growth forest. The court first holds that the appellant lumber company waived its right to argue in ...

The court holds that §120(a)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and §6001 of the Resource Conservation and Recovery Act (RCRA) waive the federal government's immunity from private cost recovery claims brought under state statutes. The court fir...

The court holds a landowner's estate liable for Federal Water Pollution Control Act (FWPCA) §301 violations stemming from the discharge of fill material into the Kanawha River in West Virginia. The court holds that the government established a prima facie case and is entitled to summary judgment. T...

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts New York law governing the capacity of a dissolved corporation to be sued, and that CERCLA liability may be imposed against a dissolved corporation whose assets have not yet been fully di...

The court holds that a municipal cease-and-desist order requiring the owner of part of a Superfund site to stop performing a remedy selected by the U.S. Environmental Protection Agency (EPA) violates the Supremacy Clause of the U.S. Constitution. The city claimed that the remedy, which involved soli...

The court holds that a hazardous-waste treatment facility's storage of K-listed hazardous waste without a permit or interim status under the Resource Conservation and Recovery Act (RCRA) prevents the facility from obtaining interim status to store other types of listed hazardous waste. The court fir...

The court holds that federal agencies and employees did not violate the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), or the Administrative Procedure Act (APA) in connection with their actions to protect threatened and endangered sea turtles from commercial shrimping. T...

The court holds that a U.S. Forest Service decision to offer a salvage timber sale in the Boise and Payette National Forests as a means of funding a wildfire recovery project was not arbitrary and capricious under §2001(f)(4) of the 1995 Emergency Supplemental Appropriations for Disaster Relief and...

The court holds that a municipal zoning ordinance that requires a cement kiln to obtain a conditional use permit to burn hazardous waste fuels (HWFs) is preempted by the Resource Conservation and Recovery Act (RCRA) and imposes an undue burden on interstate commerce in violation of the Commerce Clau...

The court holds time barred or dismisses on the merits environmental groups' claims that federal, state, and local agencies' actions in connection with an urban corridor development project violated the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), the Inte...