The court holds that a municipal cease-and-desist order requiring the owner of part of a Superfund site to stop performing a remedy selected by the U.S. Environmental Protection Agency (EPA) violates the Supremacy Clause of the U.S. Constitution. The city claimed that the remedy, which involved soli...

The court holds that a hazardous-waste treatment facility's storage of K-listed hazardous waste without a permit or interim status under the Resource Conservation and Recovery Act (RCRA) prevents the facility from obtaining interim status to store other types of listed hazardous waste. The court fir...

The court holds that federal agencies and employees did not violate the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), or the Administrative Procedure Act (APA) in connection with their actions to protect threatened and endangered sea turtles from commercial shrimping. T...

The court holds that a U.S. Forest Service decision to offer a salvage timber sale in the Boise and Payette National Forests as a means of funding a wildfire recovery project was not arbitrary and capricious under §2001(f)(4) of the 1995 Emergency Supplemental Appropriations for Disaster Relief and...

The court holds that a municipal zoning ordinance that requires a cement kiln to obtain a conditional use permit to burn hazardous waste fuels (HWFs) is preempted by the Resource Conservation and Recovery Act (RCRA) and imposes an undue burden on interstate commerce in violation of the Commerce Clau...

The court holds time barred or dismisses on the merits environmental groups' claims that federal, state, and local agencies' actions in connection with an urban corridor development project violated the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), the Inte...

The court holds that the federal government's costs of monitoring a private party's oil spill cleanups are recoverable removal costs under the Oil Pollution Act (OPA). The court first holds that OPA §1001(30) is broad enough to comport with the government's interpretation of "removal" as including ...

The court holds that the U.S. Army Corps of Engineers (the Corps) did not violate the Federal Water Pollution Control Act (FWPCA), the National Environmental Policy Act (NEPA), the National Historical Preservation Act (NHPA), or the Endangered Species Act (ESA) in granting an FWPCA §404 permit for ...

The court holds that the Federal Water Pollution Control Act (FWPCA) does not authorize citizen suits against the U.S. Army Corps of Engineers (the Corps) and that the U.S. Environmental Protection Agency's (EPA's) decision not to veto the Corps' issuance of an FWPCA §404 permit for a highway proje...

The court holds that a moratorium imposed by the National Marine Fisheries Service (NMFS) on possessing and harvesting Atlantic Coast weakfish in the exclusive economic zone (EEZ) exceeds the authority granted to NMFS by the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act...