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Sierra Club v. Corps of Eng'rs

A court denies environmental groups' motion to preliminarily enjoin the filling of and construction of a shopping, sports, entertainment, and hotel complex on 7.69 acres of wetlands in East Rutherford, New Jersey. The groups failed to establish a likelihood of success on the merits of their claim. T...

North Dakota v. Department of the Army

The court upholds the dismissal of North Dakota's suit to enjoin the U.S. Army Corps of Engineers from releasing water from Lake Sakakawea to support downstream navigation on the Missouri River pursuant to the Flood Control Act of 1944. North Dakota alleged that the releases violate state-law water ...

Utah Envtl. Congress v. Bosworth

The court vacates the U.S. Forest Service's approval of a timber harvesting project in the Fishlake National Forest in Utah. The Service did not properly select and monitor the management indicator species (MIS) populations used to determine the effects of management activities on other species. The...

Defenders of Wildlife v. EPA

The court holds that when deciding whether to transfer water pollution permitting authority to state governments under the Clean Water Act (CWA), the U.S. Environmental Protection Agency (EPA) must consider impacts on endangered species and their habitat under the Endangered Species Act (ESA). The c...

Sierra Club v. El Paso Gold Mines, Inc.

The court holds that the owners of inactive mines can be liable under the Clean Water Act (CWA) §§301(a) and 402 for unpermitted discharges that occur from their land. When viewed as a whole, it is apparent the liability and permitting sections of the CWA focus on the point of discharge, n...

Native Ecosystems Council v. U.S. Forest Serv.

The court holds that the U.S. Forest Service violated the National Forest Management Act (NFMA) and the National Environmental Policy Act (NEPA) in approving a wildlife improvement project that involves a timber sale within the Helena National Forest. The record does not include a basis for the Fore...

Wuebker v. Wilbur-Ellis Co.

The court holds that individuals' state-law tort claims against a pesticide manufacturer are not preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) or a related U.S. Environmental Protection Agency (EPA) regulation. The individuals were injured after using the pesticide, wh...

Natural Resources Defense Council v. U.S. Forest Serv.

The court reverses and remands a lower court decision upholding the U.S. Forest Service's land management plan for the Tongass National Forest. The Forest Service's error in assessing market demand for timber fatally infected its balance of economic and environmental considerations, rendering the pl...

Shoreacres, City of v. Waterworth

The court upholds the dismissal of a city's Clean Water Act (CWA) and National Environmental Policy Act (NEPA) suit against the U.S. Army Corps of Engineers seeking to rescind a dredge and fill permit issued to a port for the construction of a 10-berth cargo and cruise ship terminal off Galveston Ba...

National Ass'n of Home Builders v. Corps of Eng'rs

The court reverses in part a lower court decision that it lacked subject matter jurisdiction to review various associations' challenge to certain nationwide permits issued by the U.S. Army Corps of Engineers (the Corps). The lower court held that the permits were not "final agency action" subject to...