The court reverses a district court's dismissal of a peat company's Federal Water Pollution Control Act (FWPCA) §404 and takings claims against the federal government concerning a proposed §404 permit. The court first holds that the district court erred in finding that it did not have subject matt...

The court grants summary judgment to a company that allegedly violated its Federal Water Pollution Control Act (FWPCA) §404 permit by filling wetlands in contradiction of its mitigation plan. The U.S. Army Corps of Engineers authorized the company's filling and mitigation plan under Nationwide Perm...

The court holds that the Federal Highway Administration's (FHwA's) and a state transportation agency's decision not to complete a supplemental environmental impact statement (EIS) for a highway project in New Jersey was reasonable. Several years after a final EIS for the highway was completed, it wa...

The court holds that a district court has jurisdiction under the Quiet Title Act (QTA) to review an Interior Board of Land Appeals' (IBLA's) decision that a Native American's claim for an allotment of land under the Native Allotment Act takes precedence over a state's earlier right-of-way grant in t...

The court holds that the Hazardous Materials Transportation Act (HMTA) preempts a New York regulation that prohibits the repackaging of hazardous wastes. The court first holds that the U.S. Department of Transportation (DOT) has primary jurisdiction over the regulation and transportation of hazardou...

The court holds that the U.S. Department of the Navy's decision to transfer a large fleet of aircraft to a Virginia naval air station located near environmental group members' homes did not violate the National Environmental Policy Act. The court first holds that the Navy's consideration of the Virg...

The court holds that a county's sewage treatment plant violated Federal Water Pollution Control Act (FWPCA) §301(a) by discharging heat into a stream located near environmental group members' homes. The court first holds that according to the plant's monitoring reports, the plant's effluent exceede...

The court holds that the Federal Highway Administration (FHwA) did not violate the National Environmental Policy Act (NEPA) when it approved revised plans for the construction of an airport highway without conducting a supplemental environmental impact statement (SEIS). A citizen group claimed that ...

The court holds that the U.S. Army Corps of Engineers has jurisdiction under the Migratory Bird Rule to require a consortium of municipalities to obtain a Federal Water Pollution Control Act (FWPCA) §404 permit before filling ponds and lakes on a proposed landfill site. The court first holds that t...

The court affirms a district court dismissal of an environmental group's claim that the U.S. Forest Service violated regulations governing off-road vehicle (ORV) use in the Siskiyou National Forest in Oregon. The court first holds that the Forest Service's ORV monitoring did not violate 36 C.F.R. §...