The court holds that the Bureau of Land Management (BLM) must consult with the Fish and Wildlife Service (FWS) under the Endangered Species Act (ESA) on its "Management Guidelines for the Conservation of the Northern Spotted Owl" (the Jamison Strategy). The court holds that the Jamison Strategy is a...

The court rules that the U.S. Environmental Protection Agency's (EPA's) decision to allow the use of four cancer-inducing pesticides as food additives violates the Delaney Clause, §409, of the Federal Food, Drug, and Cosmetic Act (FFDCA) prohibiting food additives that induce cancer. When EPA origi...

The court holds that issuance of cease and desist orders by the Army Corps of Engineers under §404 of the Federal Water Pollution Control Act (FWPCA) is not final agency action reviewable by a district court. Based on decisions of courts in other circuits, the court concludes that a final agency de...

The court delineates which potions of the former salt crystallizers and calcium chloride pits on a company's property are wetlands under §404 of the Federal Water Pollution Control Act (FWPCA), and issues its findings on the landowner's liability. The court initially adopts the Ninth Circuit's hold...

The court holds that the minority shareholder of a company that leased property to operators of a pesticide manufacturing and processing facility is not liable in contribution as an "operator" under §107(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for...

The court holds that the Federal Tort Claims Act's (FTCA's) discretionary function exception bars persons residing near a scrap yard contaminated with polychlorinated biphenyls (PCBs) from suing the U.S. Environmental Protection Agency (EPA) for alleged negligence in failing to warn them of dangers ...

The court holds that the district court improperly dismissed under Federal Rule of Civil Procedure 12(b)(6) a potentially responsible party's (PRP's) amended complaint in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113(f) contribution action, because the amende...

The court holds that the district court's grant of summary judgment against plaintiffs, in their National Environmental Policy Act (NEPA) challenge of the U.S. Army Corps of Engineers' decision to issue a Federal Water Pollution Control Act (FWPCA) §404 permit for a proposed bridge over the Rio Gra...

The court holds that plaintiffs are not entitled to a preliminary injunction to halt a proposed outer continental shelf lease sale offshore of Louisiana because they failed to show a likelihood of success on the merits for their claims under the Coastal Zone Management Act (CZMA) and the National En...

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt the issuance by the New Jersey Department of Environmental Protection (DEP) of directives under the New Jersey Spill Compensation and Control Act (SCCA). The directives require re...