The court upholds the dismissal of a power plant owner's suit against the U.S. Environmental Protection Agency (EPA) for refusing to grant its request for a formal evidentiary hearing on the plant's national pollutant discharge elimination system permit. Because there was no clear and unambiguous co...

The court reverses a lower court's partial grant of summary judgment in favor of an environmental group claiming that a power plant violated the opacity limits set forth in its Clean Air Act Title V operating permit. The permit and a Georgia rule each include a startup, shutdown, and malfunction (SS...

The court upholds a lower court decision that a 123-acre timber-thinning project to treat beetle-infested trees in Utah's Fishlake National Forest complied with the National Environmental Policy Act, the National Forest Management Act, and the Adminstrative Procedure Act. An environmental group argu...

The court reverses a district court's denial of environmental groups' motion to preliminarily enjoin two U.S. Forest Service post-fire restoration projects in the El Dorado National Forest. The groups argued that the environmental impact statements (EIS) for the projects did not comply with the Nati...

The court grants the U.S. Forest Service's motion to dismiss claims that a special use permit authorizing a water supply company to store water on certain lands within the Roosevelt National Forest violated the Federal Land Policy and Management Act (FLPMA). The district court's decision that the pe...

The court partially affirms a judgment and award of damages in favor of a subcontractor hired to remove asbestos prior to a housing project's demolition. The evidence supported a jury's findings that the demolition company breached its contract with the subcontractor. Although the demolition company...

A court grants in part and denies in part Massachusetts government officials' motions to dismiss Clean Air Act (CAA) claims filed against them by an environmental group concerning the Central Artery/Third Harbor Tunnel project in Boston, also known as the "Big Dig." The group's claims stem from alle...

The court affirms the denial of an intervenor's motions for reconsideration of a consent decree between a sewer district and the U.S. Environmental Protection Agency concerning the Great Lakes Container Corporation Superfund site in St. Louis, Missouri. The intervenor argued that the district falsel...

The court affirms an individual's conviction for discharging pollutants into the Wind River in Wyoming in violation of the Clean Water Act (CWA). The individual argued that his use of a bulldozer to construct dikes did not amount to the addition of a pollutant into the river because the construction...

The court upholds the dismissal of an environmental group's motion to preliminarily enjoin the reopening of the Hawaii-based longline swordfish fishery. Because the group's environmental claims were appropriately characterized as an attack on regulations reopening a fishery, the Magnuson-Stevens Fis...