The en banc court divides evenly on whether petitioners have standing to challenge the Environmental Protection Agency's (EPA's) new formulas for calculating automobile fuel efficiency. The court therefore reinstates the original panel decision, which affirmed in part and reversed in part EPA's rule...

The court holds that the issuance of oil and gas leases allowing some surface disturbance in a potential wilderness area must be preceded by preparation of an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA), that the no-action alternative must be considered ev...

The court holds that the Environmental Protection Agency's (EPA's) withdrawal of its proposed relisting of six hazardous smelting wastes under the Resource Conservation and Recovery Act (RCRA) was arbitrary and capricious. A 1980 RCRA amendment known as the Bevill Amendment required EPA to exclude s...

The court holds that the Bureau of Land Management and the Forest Service violated the National Environmental Policy Act (NEPA) by selling oil and gas leases on national forest land in Montana without preparing an environmental impact statement (EIS), and that the sale of the leases without a compre...

Three-judge panel affirms district court order voiding Army Corps permit for landfill for proposed Hudson River Expressway. District court properly assumed subject matter jurisdiction under APA and Abbott Lab. v. Gardner. Citizens Committee and Sierra Club have standing because of "adversary" and "l...

Defendant's motion for dismissal granted in qui tam action in which plaintiff was attempting to recover one-half of any fines levied for violations of the Refuse Act by defendant's pulp mill. The court held that if it allowed plaintiff's suit to go forward it would have to determine priority between...

Taxpayer's class action under the National Environmental Policy Act (NEPA) to enjoin the Secretary of Transportation from committing emergency relief funds for road repair under 23 U.S.C. §125 dismissed by court, because the complaint did not state a valid claim for relief. NEPA held to be a declar...

Secretary of Transportation cannot be required to prepare an environmental impact [§102(2)(C)] statement under the National Environmental Policy Act for section of Interstate Highway 90 in Cascade Mountains, because highway location was determined in 1967. Suit for preliminary injunction dismissed....

Highway opponents' allegations that the Secretary of Transportation had failed to make decisions regarding the location and design of a federally funded highway in a public park in the manner prescribed by 49 U.S.C. §1653(f) and 23 U.S.C. §138 and that these decisions were in any event unreasonabl...

Trial court's non-suit after trial of an Atlantic Ocean littoral landowner's action for compensation for foreshore lands reclaimed by the municipality as an erosion-resistant sand berm is affirmed. Under the Submerged Lands Act of 1953, 43 U.S.C. §§1301 et seq., and North Carolina statutory and co...