The court holds that the U.S. Environmental Protection Agency's (EPA's or the Agency's) listing decisions under §304(l) of the Federal Water Pollution Control Act do not constitute "final agency action" necessary to state a cause of action under §704 of the Administrative Procedure Act. In order t...

The court holds that the U.S. Forest Service (Forest Service) unreasonably delayed promulgation of final regulations governing uses of private and public lands in the Hells Canyon National Recreation Area (HCNRA), and orders the Forest Service to issue the final regulations according to a specified ...

The court holds that a bankruptcy trustee is entitled to abandon its contaminated property without first expending the assets of the estate to clean up the property and without granting the Wisconsin Department of Natural Resources a priority lien on the property for future cleanup costs. The court ...

The court holds that the biological opinion that the National Marine Fisheries Service (NMFS) issued under the Endangered Species Act (ESA) for 1993 hydropower operations in the Federal Columbia River Power System (FCRPS) was arbitrary and capricious and violated ESA §7(a)(2). The court first holds...

The court holds that numerous generators of refuse, including several municipalities, are not liable in a contribution action under §113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs incurred at two waste disposal sites in Connecticut, beca...

The court holds that settlement agreement proceeds that the U.S. Environmental Protection Agency (EPA) did not receive itself, but earmarked for use by a group of potentially responsible parties (PRPs) at a contaminated site, must be credited toward the reduction of nonsettling defendants' liability...

The court upholds a Bureau of Land Management regulation that allows a delegated field officer to make and implement a decision to remove wild horses and burros from overpopulated rangeland and eliminates the automatic stay period for appeals as a reasonable interpretation of the immediate removal p...

The court holds that plaintiff class action members' failure to present their claims for removal costs or damages resulting from an oil spill to the responsible parties before bringing suit, as required by Oil Pollution Act (OPA) §1013(a), requires dismissal of their action, even though plaintiffs ...

The court holds that an oil company violated its interim national pollutant discharge elimination system (NPDES) permit by discharging selenium into the San Francisco Bay in excess of the permit's numeric limit. The state regional water quality control board issued the company an interim permit cont...

The court holds that the U.S. Environmental Protection Agency (EPA) did not act arbitrarily or capriciously by not delaying further, at the request of Puerto Rico's Environmental Quality Board (EQB), its action to incorporate into an oil refiner's national pollution discharge elimination system (NPD...