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Animal Defense Council v. Hodel

The court holds that the scope of review for a challenge to the Bureau of Reclamation's environmental impact statement (ELS) on a Central Arizona Project (CAP) aqueduct is limited to the administrative record, and the EIS is sufficient. The court first holds that the administrative record was fully ...

National-Southwire Aluminum Co. v. EPA

The court holds that an aluminum plant that turns off its wet scrubbers thereby becomes a modified stationary source within the meaning of Clean Air Act (CAA) §111(a)(4), subject to the new source performance standards (NSPS) promulgated by the Environmental Protection Agency (EPA) pursuant to CAA ...

Natural Resources Defense Council v. Thomas

The court generally upholds the Environmental Protection Agency's (EPA's) amended regulations issued pursuant to Clean Air Act §123 governing pollution control credit for tall smokestacks. The regulations establish the credit that sources receive toward compliance with local air quality standards f...

Texas Mun. Power Agency v. Administrator

The court holds that the Environmental Protection Agency (EPA) may impose conditions in defendant's national pollutant discharge elimination system (NPDES) permit regulating internal waste streams that discharge into treatment ponds at defendant's plant. EPA had denied defendant's application for a ...

American Cetacean Soc'y v. Smart

The court holds that the plaintiffs have not shown misrepresentation, newly discovered evidence, or manifest injustice warranting relief from a Supreme Court decision. The Court had held that the Secretary of Commerce has discretion under the Magnuson Fishery Conservation Management Act to decide th...

A.L. Labs., Inc. v. EPA

The court holds that the Environmental Protection Agency's (EPA's) refusal to remove bacitracin and phthalate esters from the Emergency Planning and Community Right-to-Know Act (EPCRA) list of extremely hazardous substances was arbitrary and capricious. Both bacitracin and phthalate esters had been ...

Maine Audubon Soc'y v. Purslow

The court rules that the Endangered Species Act's (ESA's) 60-day notice requirement for citizen suits is jurisdictional and applies to emergency actions. The First Circuit's strict reading of the 60-day notice requirements in other environmental statutes applies to the ESA's virtually identical noti...

United States v. Shelton Coal Corp.

The court holds that regulations adopted by the Secretary of the Interior in 1982 to clarify the Surface Mining Control and Reclamation Act's (SMCRA's) two-acre exemption may not be applied retroactively to nullify an exemption granted by Virginia to a deep coal mining operation. The 1982 regulation...

Northwest Coalition for Alternatives to Pesticides v. Lyng

The court holds that the supplemental environmental impact statement (SEIS) prepared by the Bureau of Land Management (BLM) for the use of herbicides to control noxious weeds on public lands in five northwest states satisfies the requirements of the National Environmental Policy Act's (NEPA's) worst...