The court holds that a district court improperly applied the de novo standard of review to the U.S. Forest Service's interim guidelines for the management of red-cockaded woodpecker habitat, and remands to the district court for a new review of the interim guidelines under the arbitrary and capricio...

The court holds that a district court did not err in finding that Fisheating Creek upstream of Fort Center, Florida, is not a navigable water subject to federal jurisdiction under §10 of the Rivers and Harbors Act. The court first holds that the critical period for determining navigability is betwe...

The court holds that it has jurisdiction over state-law claims that the current owner of contaminated property brought against several past owners, including the U.S. government, for nuisance, trespass, strict liability, contribution, restitution, and indemnity, and rules on several motions to dismi...

The court upholds the U.S. Environmental Protection Agency's (EPA's) Federal Water Pollution Control Act (FWPCA) effluent limitations for the offshore oil and gas industry. The court first rejects industry petitioners' challenge to EPA's selection of improved gas flotation in its best available tech...

The court denies a company's motion for summary judgment on citizen suit claims alleging that the company violated the Clean Air Act (CAA) and the Resource Conservation and Recovery Act (RCRA) at a Texas facility. The court first holds that CAA §304(b)(1)(B) and RCRA §7002(b)(1)(B) do not bar plai...

Dissenting from the U.S. Supreme Court's denial of certiorari in a case in which the Ninth Circuit ruled that the presence of migratory birds on property creates a sufficient connection to interstate commerce to give the U.S. Army Corps of Engineers (the Corps) jurisdiction over the property under t...

The court holds that a remedial investigation/feasibility study (RI/FS) is a removal action and, therefore, that §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) bars judicial review of a challenge to an ongoing RI/FS at a contaminated landfill on the Tu...

The court holds that the U.S. Forest Service complied with the Federal Land Policy and Management Act (FLPMA) and the National Environmental Policy Act (NEPA) in exchanging Forest Service land in Vail, Colorado, for private land in the Eagles Nest Wilderness Area. The court first holds that it will ...

The court holds that the Federal Water Pollution Control Act (FWPCA) does not preempt a county ordinance banning land application of sewage sludge on agricultural lands. Plaintiff farmers challenged the ordinance because they would like to apply sewage sludge to their land. The court first holds tha...

The court holds that a scrap metal processing company, its owner, and several companies that sold it used equipment are liable under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for costs the United States incurred during a removal action at the process...