The court rules that §7002 of the Resource Conservation and Recovery Act (RCRA) requires actual notice of intent to sue before filing a citizen suit and that the Act forecloses claims under the Civil Rights Act. The court first rules that §7002 requires actual notice. The statutory language is una...

The court holds that the Army need not prepare an environmental impact statement (EIS) for the contemplated testing of genetically altered materials at the proposed Aerosol Test Facility at the Dugway, Utah, proving ground, but holds that the environmental assessment (EA) on renovation of the facili...

The court first holds that the Occupational Safety and Health Act's (OSH Act's) hazard communication standard, which requires employers in the manufacturing sector to inform employees of potentially hazardous materials in the workplace, is a §6 standard, not a §8 regulation, and is therefore revie...

The court holds that the Forest Service, the Bureau of Land Management, and other agencies violated the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA) by failing to comprehensively analyze the effects of oil and gas leasing on the Flathead and Gallatin National Forests...

The court denies a preliminary injunction against construction on the Vine Street Expressway while an administrative decision on whether to prepare a supplemental environmental impact statement (SEIS) on simultaneous construction is pending, because no irreparable harm is likely before that decision...

The court holds that the appeals courts have original and exclusive jurisdiction over a Department of Energy rule promulgated under §302(a)(3) of the Nuclear Waste Policy Act (NWPA), and that the rule, establishing a one-time fee based on the volume of spent nuclear fuel rather than the amount of e...

The court holds that under Missouri law an insurer owes neither a duty to defend nor a duty to indemnify a hazardous waste generator in government actions to recover cleanup costs incurred after the expiration dates of the policies. Plaintiff and other parties sought to clarify plaintiff's defense a...

The court rules that §107 of the Clean Air Act authorizes the Environmental Protection Agency (EPA) to include in designated nonattainment areas regions that are in attainment of the national ambient air quality standards, but which contain sources that cause downwind regions to be in violation. Th...

The court refuses to enjoin the granting of a low-power license for the Shoreham, New York, nuclear plant, because the petitioners failed to demonstrate that the potential denial of a full-power license following the failure to adopt an emergency evacuation plan requires supplementation of the plant...

The court holds that a mailgram from the Environmental Protection Agency (EPA) to Ciba-Geigy advising the company that EPA will consider the pesticide simazine mislabeled unless the company adds a groundwater advisory is not final agency action under the Federal Insecticide, Fungicide, and Rodentici...