The court dismissed on ripeness grounds an industry association's petition to review a U.S. Environmental Protection Agency (EPA) rule that deferred the national pollutant discharge elimination system permit requirement for certain oil and gas construction sites until March 10, 2005. On March 9, 200...

The court held that the U.S. Environmental Protection Agency (EPA) acted within its authority in approving California's total maximum daily load (TMDL) for the Los Angeles River despite EPA's earlier promulgation of its own TMDL when California originally failed to make a timely submission. Several ...

The court denied in part, dismissed in part, and stayed in part petitions challenging the U.S. Environmental Protection Agency's (EPA's) final national pollutant discharge elimination system general permit for stormwater discharges from construction activities. The general permit, among other things...

The Ninth Circuit affirmed individuals' convictions for stringing ropes above a proposed logging and emergency medical helicopter landing site during a tree-sitting protest in the Bitterroot National Forest in Montana. Despite the individuals' argument to the contrary, 18 U.S.C. §1864(a), which...

The Sixth Circuit affirmed the dismissal of an individual's complaint that his employer, the U.S. Department of Justice (DOJ), retaliated against him for protected behavior in violation of the whistleblower provisions of the Clean Air Act (CAA), the Federal Water Pollution Control Act (FWPCA), and t...

The Second Circuit affirmed in part a lower court's grant of summary judgment in favor of a corporation, which operated a fuel production facility in the 1950s under a government contract, in the current property owners' suit to recover costs related to the cleanup of hazardous substances on that pr...

The court affirmed a lower court judgment that citizen groups that filed suit against two farms for spilling swine wastewater into North Carolina rivers without a national pollutant discharge elimination system permit satisfied the jurisdictional requirements for bringing a citizen suit under the Cl...

The court held that a district court's referral of the equitable allocation portion of a Comprehensive Environmental Response, Compensation, and Liability Act contribution action to a magistrate judge was an improper delegation of its traditional adjudicatory function. In conducting the equitable al...

The Eighth Circuit upheld a U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) decision finding a county liable under the Clean Air Act for asbestos violations at a county landfill. EPA had jurisdiction under CAA §113(d)(1) to bring an administrative action against the...

The D.C. Circuit held that the U.S. Environmental Protection Agency's (EPA's) determination that methyl ethyl ketone (MEK) should not be delisted from the toxic release inventory (TRI) was based on an impermissible construction of the Emergency Planning and Community Right-To-Know Act (EPCRA). There...