The court holds that a district court has no jurisdiction to consider, in an action for civil penalties for violations of a National Pollution Discharge Elimination System permit, whether the water receiving the discharge was improperly classified by the Environmental Protection Agency as a "water o...
The court holds that it erred in using the arbitrary and capricious standard of review to evaluate the discussion of alternatives in an environmental impact statement (EIS). The court denies a petition for rehearing en banc, but corrects its earlier statement of the standard of review. The use of th...
The court holds that a decision to deny intervention as of right is not immediately reviewable where conditional permissive intervention was granted, absent obvious prejudicial error. Denial of intervention is ordinarily immediately appealable, since the unsuccessful applicant for intervention is no...
The court rules that there may be preenforcement review of the constitutionality of penalties under §106(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and treble damages under §107(c)(3) of CERCLA for violations of administrative orders issued under §106...
The court holds that American Cynamid's fetus protection policy, giving women in one department the choice between surgical sterilization and transfer or discharge, is not a "hazard" under the general duty clause of the Occupational Safety and Health Act. The court emphasizes that the airborne lead ...
The court rules that the Environmental Protection Agency (EPA) violated non-discretionary duties by failing to promulgate standards and nonconformance penalties for emissions from heavy-duty vehicles and engines under Clean Air Act §201(a)(3)(A)(i)-(iii) and §205(g)(3). The court holds the Clean A...
The court holds that the Environmental Protection Agency (EPA) violated the mandate of the Toxic Substances Control Act (TSCA) that it either initiate rulemaking proceedings to require testing of toxic substances on the Interagency Testing Committee (ITC) list or publish its reasons for not requirin...
The court rules that the Bureau of Land Management (BLM) oil and gas lease sale in the National Petroleum Reserve-Alaska did not violate the subsistence lifestyle provisions of the Alaska National Interest Lands Conservation Act (ANILCA). The court first holds that plaintiffs, two Inupiat Eskimos wh...
The court issues an amended opinion superseding the one appearing at 14 ELR 20531.
The court rules that an intervenor in a Federal Energy Regulatory Commission (FERC) hydropower licensing proceeding is not automatically entitled to a trial-type evidentiary hearing. The court first holds that petiti...
The court rules that the Forest Service substantially complied with the National Environmental Policy Act (NEPA), the National Forest Management Act (NFMA), the Endangered Species Act (ESA), the National Forest Roads and Trils Act (NFRTA), and the Wild and Scenic Rivers Act (WSRA) in deciding to bui...