The court affirms a district court dismissal of an environmental group's Clean Water Act (CWA) citizen suit claiming that the U.S. Environmental Protection Agency (EPA) had a non-discretionary duty to establish total maximum daily loads (TMDLs) for the state of California. The CWA TMDL program requi...
The court affirms a district court dismissal of an environmental group's Clean Water Act (CWA) citizen suit claiming that the U.S. Environmental Protection Agency (EPA) had a non-discretionary duty to establish total maximum daily loads (TMDLs) for the state of California. The CWA TMDL program requi...
The court holds that the Bald and Golden Eagle Protection Act's (BGEPA's) and the Migratory Bird Treaty Act's (MBTA's) prohibition on the sale of eagle feathers did not cause an unconstitutional taking of an individual's property. The individual lawfully acquired Native American artifacts containing...
The court grants in part and denies in part several motions and cross-motions for summary judgment as to the potential Comprehensive Environmental Response Compensation, and Liability Act (CERCLA) liability and possible attendant indemnification of a Hawaiian property owner and several current and p...
The court affirms a district court decision denying a company's request for a preliminary injunction to prevent a state environmental agency from closing the company's commercial hazardous waste landfill. After it was issued a final permit to operate the facility, the company and the state environme...
The Fourth Circuit reversed a lower court's grant of summary judgment requiring EPA and West Virginia to address coal mining-related water pollution. Environmental groups argued that EPA failed to perform its nondiscretionary duty under the CWA to promulgate TMDLs for biologically impaired waters in...
The D.C. Circuit affirmed a lower court decision granting DOI's motion to dismiss an order compelling it to update the EIS for the federal coal management program. Environmental and community organizations claimed that the programmatic EIS (PEIS) for the program violated NEPA and the APA. They argue...
The Seventh Circuit upheld a preliminary injunction barring a global dairy conglomerate from making any claims in its advertisements that cheese from cows treated with recombinant bovine somato-tropin (rbST), an artificial growth hormone, is dangerous and unhealthy. The conglomerate launched an adve...
The Ninth Circuit upheld the dismissal of shareholders' derivative action against a solar panel company for failing to disclose in financial statements and press releases the existence of manufacturing and design defects. The shareholders alleged that the officers and directors of the company breach...
The Federal Circuit affirmed a lower court decision denying three Canadian solar manufacturers' and a U.S. importer's motion for preliminary injunction to bar the enforcement of presidentially imposed tariffs on solar products. The manufacturers and importer argued that imposition of a 30% tariff on...