The court holds that the deposit of microscopic airborne particles of arsenic and cadmium from a copper smelter is neither a trespass nor a nuisance. On motion for summary judgment, the court first holds that property owners cannot recover damages for trespass because no actual damages were shown. T...

The court holds that an environmental group that entered into a settlement agreement is entitled to attorney fees and costs under the Equal Access to Justice Act (EAJA). Under the terms of the agreement, the group achieved most of its objectives in its callenge to the Forest Service's grant of an ea...

The court holds that petitioner's challenge to the Environmental Protection Agency's (EPA's) approval of Nebraska's underground injection control program (UIC) under the Safe Drinking Water Act (SDWA) is untimely and that EPA's approval of Nebraska's request to exempt an aquifer from the UIC program...

The court upholds the district court's decision to deny landowners and elected officials of the Tahoe Basin area intervention in a suit by California to challenge the adequacy of a plan by the Tahoe Regional Planning Agency to achieve certain environmental goals under the California-Nevada Tahoe Reg...

The court holds that the Environmental Protection Agency (EPA) was within its authority when it determined that a state can meet the "basic transportation needs" requirement in Clean Air Act §110(c)(5) without improving its mass transit system if commuters diverted from their cars by the required t...

The court rules that the 60-day notice requirement of §112(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for recovery of response costs by private parties from the Superfund is also a jurisdictional prerequisite to a §107 action to recover response costs ...

The court holds that a landowner is entitled to monetary damages under the Arizona Constitution for a temporary taking of property due to an invalid zoning ordinance. Absent definitive Supreme Court guidance on the subject of just compensation for a regulatory taking of property, the court holds tha...

The court rules that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not authorize preenforcement judicial review of the merits of Environmental Protection Agency (EPA) §106 orders. The court first rules that courts lack jurisdiction to review EPA's remedial ...

The court holds that consumer organizations that promote energy conservation have standing on behalf of their members in a suit to compel the National Highway Traffic Safety Administration (NHTSA) to comply with statutory deadlines for issuing fuel economy standards for light trucks, and the NHTSA's...

The court holds that a pesticide registrant's claim that the Environmental Protection Agency (EPA) unlawfully required it to change the labelling of its registered pesticide, simazine, without an adjudicatory hearing pursuant to §6 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) ...