The court remanded the U.S. government’s Clean Water Act suit against a group of cranberry farmers in Carver, Massachusetts, in light of the U.S. Supreme Court's decision in Rapanos v. United States, 126 S. Ct. 2208, 36 ELR 20116 (2006). Prior to Rapanos, the court had upheld jurisdiction over...

The court held that New Mexico may not go forward with their state-law claims for natural resource damages (NRDs) against two companies for groundwater contamination at the South Valley Superfund site. The Comprehensive Environmental Response, Compensation, and Liability Act's (CERCLA’s) NRD s...

The court upheld U.S. Environmental Protection Agency (EPA) regulations that require the owners of mobile-home parks and other manufactured housing complexes who submeter water to their tenants to comply with Safe Drinking Water Act (SDWA) regulations. Submetering allows property owners to meter and...

The court affirmed the denial of a property owner's motion to show cause as to why a junkyard operator had not implemented a legally sufficient stormwater pollution prevention plan pursuant to a prior court order, but it reversed the district court's denial of her motion to show cause as to why the ...

The court affirmed the U.S. Environmental Protection Agency's (EPA’s) final rulemaking action approving revisions to Kentucky’s state implementation plan (SIP) involving air quality standards under the Clean Air Act (CAA). The revisions allowed the state to move its vehicle inspection an...

The court held that associations of hazardous materials manufacturers, shippers, and transporters lacked standing to challenge a U.S. Department of Transportation (DOT) rule defining when hazardous materials are being loaded, unloaded, or stored incidental to their movement, which largely controls w...

The court reversed a grant of summary judgment in favor of the U.S. Fish and Wildlife Service (FWS) concerning the listing of the Sierra Nevada Mountain yellow-legged frog under the Endangered Species Act (ESA). The agency determined that listing the frog as an endangered species was “warrante...

The court denied in part and granted in part environmental groups’ petition for review of three sets of regulations promulgated by the U.S. Environmental Protection Agency (EPA) governing how states are to bring their transportation plans into conformity with the requirements of the Clean Air ...

The court, in light of the U.S. Supreme Court's decision in Rapanos v. United States, 126 S. Ct. 2208, 36 ELR 20116 (2006), remanded a lower court's summary judgment in favor of the U.S. government in a case involving the discharge of dredge or fill material. In Rapanos, the Court failed to reach a ...

The court holds that the U.S. Forest Service's issuance of annual operating instructions to permittees who graze livestock on national forest land constitutes final agency action for purposes of judicial review under the Administrative Procedure Act. The annual operating instructions are a discrete,...