The court holds that the act of draining a wetland without a discharge of pollutants does not require a Federal Water Pollution Control Act (FWPCA or the Act) §404 permit. The court also dissolves an injunction, which was originally obtained by an environmental citizens group, which prevented a lan...

The court rules that the special citizen suit forum rule in Surface Mining Control and Reclamation Act (SMCRA) §520(c)(1), which requires that suit must be brought only in the district in which the mining operation complained of is located, controls all citizen suits under SMCRA §520(a), including...

The court holds that the U.S. Environmental Protection Agency (EPA) failed to provide adequate notice and opportunity to comment in 1980 when it promulgated the "mixture" and "derived-from" rules and the leachate monitoring requirement under the Resource Conservation and Recovery Act (RCRA), and EPA...

The court upholds the Florida Department of Environmental Regulation's (DER's) final order authorizing issuance of a state dredge and fill permit for a marina expansion project, but vacates the DER's determination that a challenge to its certification of compliance with the Federal Water Pollution C...

The court holds that it has subject matter jurisdiction over an environmental organization's action against a Colorado chemical corporation for damages and injunctive and declaratory relief under the Resource Conservation and Recovery Act (RCRA). Adopting the reasoning of the court in United States ...

The court holds that the U.S. Department of Energy (DOE) violated the Resource Conservation and Recovery Act (RCRA) by storing mixed residues without a RCRA permit at the Rocky Flats Nuclear Weapons Plant in Colorado, and that DOE must obtain a permit for the illegally stored mixed residues within t...

The court holds that an environmental organization is entitled to $23,864.29 in attorney fees and litigation costs as a substantially prevailing party in a citizen suit under the Resource Conservation and Recovery Act (RCRA) to close two fluidized bed incinerators at the Department of Energy's (DOE'...

The court holds that the California Highway Commission and the U.S. Department of Transportation's (DOT's) plan to redesign a road did not constructively use park land, which would require a study under §4(f) of the Department of Transportation Act, where the road and the park were jointly planned....

The court holds that the Department of the Interior's Interior Board of Land Appeal's (IBLA's) decision upholding the Bureau of Land Management's (BLM's) finding of no significant impact (FONSI) under the National Environmental Policy Act (NEPA) for a Utah county's plan to improve a road segment run...

The court holds that an environmental group's challenge to the Forest Service's land and resource management plan for the Ouachita National Forest in Arkansas should not be dismissed for failure to exhaust administrative remedies, or for lack of standing or ripeness. The court holds that the Forest ...