The court holds that the New York Wild Bird Law, which bans the sale of wild birds within the state, is not preempted by the Endangered Species Act (ESA) or federal quarantine law and does not impose an unconstitutional burden on interstate commerce. The court first rules that the ESA does not preem...

The court rules that the Environmental Protection Agency's (EPA's) duties under §309(a)(3) of the Federal Water Pollution Control Act (FWPCA) to investigate and make findings on alleged FWPCA violations and to take enforcement action if a violation is found are discretionary. The court first rules ...

The court holds that the Environmental Protection Agency's (EPA's) final rule issued in 1985 without notice and comment to incorporate the requirements from the 1984 amendments to the Resource Conservation and Recovery Act (RCRA) is, for the most part, reasonable and consistent with the amendments. ...

The court holds that the Federal Tort Claims Act (FTCA) does not waive the federal government's sovereign immunity for negligent selection of a hazardous waste disposal contractor, but does make the government subject to liability for negligent failure to ensure that the waste disposal was properly ...

The court upholds the Environmental Protection Agency's (EPA's) disapproval of Arizona's Clean Air Act state implementation plan (SIP) revisions for total suspended particulates, and EPA's proposed new particulate standard does not give Arizona a right to a deferral of EPA's decision. Arizona had su...

The court holds that the City of Evanston, Illinois, its mayor, and two aldermen do not have standing under the Urban Mass Transportation Act (UMTA), the National Environmental Policy Act (NEPA), or as taxpayers to challenge the establishment of a bus garage using a grant from the federal Urban Mass...

The court holds that two conservation groups have not shown sufficient injury-in-fact to establish standing in their challenge to the Bureau of Land Management's (BLM's) decision to exclude submerged lands underneath nonnavigable waters from the total acreage charged to the state of Alaska's or nati...

In a citizen suit under §505 of the Federal Water Pollution Control Act (FWPCA), the court holds that a chemical manufacturer that discharged pollutants in excess of the limitations specified in its national pollutant discharge elimination system (NPDES) permit is liable for violations of the Act. ...

The court holds that information relating to the deployment of nuclear weapons on Navy ships is classified for reasons of national security and is thus exempt from public disclosure in the Navy's environmental impact statement (EIS) on stationing ships in New York harbor. The court also holds that t...

The court holds that the federal government is liable to residents in the vicinity of McChord Air Force Base near Tacoma, Washington, for local groundwater contamination caused by the Air Force's negligent disposal of hazardous materials. The Air Force's actions do not fall within the discretionary ...