The court vacates and remands the dismissal of an individual's state-law claims against a retail store for selling her a wood-finishing product that emitted harmful fumes. The lower court concluded that because the product was properly labeled under the Federal Hazardous Substances Act (FHSA) and it...

The court holds that an agency's duty to consult under §7 of the Endangered Species Act (ESA) arises only for affirmative actions. The phrase "failure to act" is absent from ESA §7(a)(2), which refers to "agency action" as "any action authorized, funded, or carried out by such agency." Thi...

The court dismisses a potentially responsible party's (PRP's) action for remedial costs under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as untimely. Although the PRP could not seek contribution under §113(f)(1), he could bring a cost reco...

The court denies a petition challenging a 2002 U.S. Environmental Protection Agency (EPA) rule that revised certain nationwide limitations on water pollutant discharges from sources in the cokemaking subcategory of the iron and steel industry. A petitioner challenged four effluent limitations that a...

The court holds that certain fishery management measures and regulations undertaken by the National Marine Fisheries Service (NMFS) to protect chinook salmon in the Klamath Management Zone, an area off the coasts of California and Oregon, do not conflict with the Magnuson-Stevens Fishery Conservatio...

The court partially reverses the dismissal of environmental groups' complaint challenging a U.S. Forest Service logging project in the Dixie National Forest. The Forest Service's environmental impact statement for the project takes a hard look at the potential adverse environmental impacts of the pr...

The court denies petitions for review of Federal Energy Regulatory Commission (FERC) orders approving and enforcing a tariff supplied by the manager of New York's electric power transmission facilities that allows electricity generators that provide power to the transmission grid to avoid transmissi...

The court upholds an individual's 17-month sentence for importing and conspiring to import protected orchids in violation of the Endangered Species Act and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The individual used legally imported orchids to avo...

The court upholds a U.S. Forest Service vegetation management project in the Klamath National Forest. An environmental group argues that the Forest Service should have prepared an environmental impact statement instead of an environmental assessment (EA) for the project and that the EA itself was in...

The court upholds a lower court decision holding that the U.S. Fish and Wildlife Service (FWS) complied with the Endangered Species Act (ESA) and the Administrative Procedure Act (APA) in listing the Buena Vista Lake shrew as an endangered species. A group of local agencies argued that the FWS faile...