The court holds that provisions of the U.S. Department of the Interior's (DOI's) 1995 grazing regulations that replace the concept of grazing preferences with that of permitted uses, assert government title to structural range improvements, include conservation use as an "active use," and confer per...

The en banc court affirms by an equally divided vote a district court decision that upheld an amendment to a U.S. Forest Service land and resource management plan prohibiting the use of houseboats and sailboats and discouraging the use of electric fish finders, portable radios, and other mechanical ...

The court holds that a defendant need not know where its hazardous substances are disposed of in order for liability to attach under §107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act. The court first grants summary judgment against a defendant that concedes tha...

The court holds that a U.S. Forest Service proposed emergency salvage timber sale in the Coronado National Forest does not violate the 1995 Rescissions Act. Relying on a biological assessment and evaluation (BA&E), the Forest Service concluded that the proposed sale would have no effect on the M...

The court holds that the U.S. Forest Service violated National Environmental Policy Act (NEPA) by failing to perform an environmental assessment (EA) or environmental impact statement for its proposed reconstruction and relocation portions of two trails in Gifford Pinchot National Forest. Environmen...

The court holds that the statutes of limitations in §113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) do not bar the U.S. Army's suit to recover costs it incurred consturcting a water treatment facility as a permanent remedial measure at a portion of the Roc...

The court upholds the U.S. Environmental Protection Agency's (EPA's) approval of a revised state implementation plan (SIP) for Guaynabo, Puerto Rico, and its designation of the area as nonattainment for particulate matter with an aerodynamic diameter of no greater than a nominal 10 micrometers, know...

The court holds that the limited partners in a limited partnership that owns an apartment complex on contaminated land are not liable to the site's former owner for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), but the general partners may be ...

The court holds that it lacks jurisdiction under §113(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to enjoin a U.S. Environmental Protection Agency (EPA) response action. Potentially responsible parties (PRPs) and the city in which the contamination exist...

The Court holds that it lacks jurisdiction over environmental groups' claims that the U.S. Environmental Protection Agency (EPA) violated the Federal Water Pollution Control Act (FWPCA) and the Administrative Procedure Act (APA) when it approved revisions to Michigan's wetlands program. When EPA req...