The court upholds the Federal Energy Regulatory Commission's (FERC's) finding that the middle segment of the Cedar River in Washington State is not navigable under the Federal Power Act (FPA) and its decision that it therefore lacks licensing jurisdiction over a hydroelectric power plant on that seg...

The court holds that two mining trade associations have standing to challenge the Department of the Interior's (DOI's) regulations implementing §518(f) of the Surface Mining Control and Reclamation Act (SMCRA) for the assessment of individual civil penalties against officers, directors, and agents ...

The court upholds the U.S. Environmental Protection Agency's (EPA's) regulations promulgated under the Resource Conservation and Recovery Act (RCRA) §6002(e) that govern the procurement by the federal government, or for use in federally funded government projects, of products containing re-refined ...

The court holds that the U.S. Environmental Protection Agency (EPA) lacks authority under the Safe Drinking Water Act (SDWA) to refuse to initiate primacy withdrawal proceedings against a state once it determines that the state no longer is in compliance with the Act. The court holds that an EPA det...

The court dismisses challenges by environmental groups to the U.S. Environmental Protection Agency's (EPA's) approval under §303 of the Federal Water Pollution Control Act (FWPCA) of the ambient water quality standards for dioxin set by the states of Maryland and Virginia. 2,3,7,8-tetrachlorodibenz...

The court holds that the U.S. Department of the Interior (DOI) must, within 30 days, advise the court of a feasible schedule for completing resource management plans (RMPs) for several federal resource areas in which there is a potential for surface mining. The court first holds that DOI's failure t...

The court vacates the U.S. Environmental Protection Agency's (EPA's) stay of radionuclide emission standards for Nuclear Regulatory Commission-licensed facilities other than nuclear power reactors. The court first holds that prior to the passage of the 1990 amendments to the Clean Air Act (CAA), EPA...

The court holds that Clean Air Act (CAA) §202(a)(6), as amended in 1990, does not provide the U.S. Environmental Protection Agency (EPA) with discretionary authority to decline to promulgate standards requiring that new light-duty vehicles (LDVs) must be equipped with on-board refueling vapor recov...

On remand from the Third Circuit, the court holds that environmental groups have representational standing to bring their Federal Water Pollution Control Act §505 citizen suit against a petroleum refinery for violations of its national pollutant discharge elimination system (NPDES) permit, and hold...

The court holds that in a Federal Water Pollution Control Act (FWPCA) citizen suit alleging national pollutant discharge elimination system (NPDES) permit violations, a district court has subject matter jurisdiction only over violations of permit parameters that the plaintiff alleges to be continuou...