The court holds that the Army Corps of Engineers violated the National Environmental Policy Act (NEPA) by granting permission for a wetlands development project on a relatively pristine part of west Galveston Island, Texas, without preparing an environmental impact statement (EIS) analyzing the cumu...

The court rules that the congressional designation of plaintiffs' land as a coastal barrier ineligible for flood control insurance is rationally related to the purposes of the Coastal Barrier Resources Act (CBRA). First, the court holds that enactment of the CBRA moots any challenge to a coastal bar...

The court affirms the Environmental Protection Agency's (EPA's) disapproval of a delayed compliance order (DCO) issued by the Indiana Air Pollution Control Board to Bethlehem Steel Corp., holding that the DCO is inconsistent with EPA's valid partial approval of a revision to the Indiana state implem...

The court holds that an Alaska statute prohibiting the discharge into state territorial waters of any ballast water from the oil cargo tanks of vessels is not preempted by federal laws that also regulate ballast water discharges. Coast Guard regulations under the Ports and Waterways Safety Act as am...

The court rules that the Tennessee Water Quality Board acted within its powers in granting certification under §401 of the Federal Water Pollution Control Act for construction of the Columbia Dam on the Duck River even though the Board found the dam would cause periodic violations of the state wate...

The court holds that a proposed increase in the sulfur content of the fuel burned at existing units of a Hawaiian Electric Company power plant is a "major modification" requiring prevention of significant deterioration (PSD) review under the Clean Air Act despite the company's contention that the lo...

The court rules that the Endangered Species Act (ESA) does not require imposition of specific restrictions to protect endangered whales and the National Environmental Policy Act (NEPA) does not require preparation of a worst-case analysis of potential oil spills prior to an offshore oil and gas leas...

The court holds that application of the Corps of Engineers' 1975 Federal Water Pollution Control Act §404 regulations to appellants' development would be retroactive and manifestly unjust. Appellants voluntarily delayed completion of their development pending a Corps ruling on §404's application t...

The court rules that a claim for damages caused by an allegedly wrongfully issued Army Corps of Engineers dredge and fill cease and desist order must meet the requirements of the Federal Tort Claims Act (FTCA), but that a claim for equitable relief may lie under the Administrative Procedure Act (APA...

The court denies defendant generators' motion to dismiss the Commonwealth of Pennsylvania's complaint in intervention seeking response cost and natural resources damage recovery under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court rules that the commonw...