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American Iron & Steel Inst. v. EPA

The court vacates the U.S. Environmental Protection Agency's (EPA's) Final Water Quality Guidance for the Great Lakes Water System criteria for polychlorinated biphenyls (PCBs), and further vacates the guidance insofar as it would impose point-source water quality-based effluent limitations on a fac...

Central Midwest Interstate Low-Level Radioactive Waste Comm'n v. Peña

The court upholds the Secretary of Energy's decision that an interstate compact is not entitled to surcharge rebates under the Low-Level Radioactive Waste Policy Amendments Act of 1985. The court first holds that although the Secretary does not possess rulemaking authority, some deference is due reg...

Apache Survival Coalition v. United States

The court affirms the denial of a request for a preliminary injunction against further construction of a system of telescopes on Mt. Graham in Arizona. Plaintiff-appellant coalition of Native Americans argued that the U.S. Forest Service failed to comply with the National Historic Preservation Act i...

American Rivers v. National Marine Fisheries Serv.

The court holds that environmental and commercial fishing groups' challenge to a National Marine Fisheries Service (NMFS) biological opinion (BO) is moot, while a challenge to a subsequent BO may be properly pled under the Administrative Procedure Act (APA). The NMFS' BOs concerned the impact of the...

Idaho Sporting Congress v. Computrol, Inc.

The court refuses to dismiss an environmental group's Emergency Planning and Community Right-to-Know Act (EPCRA) claim against a sport fishing equipment manufacturer, but dismisses a coalition of hunters, fishermen, backpackers, and other outdoor enthusiasts as a plaintiff in the case. The court fir...

Chemical Weapons Working Group v. Department of the Army

The court held that the U.S. Army's proposed incineration of chemical warfare agents at the Tooele facility in Utah does not violate the Administrative Procedure Act (APA), the Federal Water Pollution Control Act (FWPCA), the Resource Conservation and Recovery Act (RCRA), or the 1986 Department of D...

Western Radio Servs. Co. v. Glickman

The court holds that the U.S. Forest Service is not required to complete a new environmental assessment (EA) before reissuing a special use permit for a new radio tower on Grey Butte in the Ochoco National Forest. The court first holds that the Forest Service did not violate the National Environment...

Aragon v. United States

The court holds that the discretionary function exception bars an action against the U.S. government under the Federal Tort Claims Act for contamination of local water wells allegedly caused by wastewater discharges from a former Air Force Base near Roswell, New Mexico. The court finds that the Air ...

Georgia v. E Ridge, City of

The court holds that a Tennessee municipality violated the Federal Water Pollution Control Act (FWPCA) by discharging raw sewage from a manhole without a national pollutant discharge elimination system permit. The court first holds that no genuine dispute exists as to whether discharges from the man...