The court affirms a district court grant of summary judgment to the National Park Service on the grounds that the Park Service's deer management program in Gettysburg National Military Park and Eisenhower National Historic Site does not violate the National Environmental Policy Act (NEPA) or the Nat...
The court holds that developers' sidecasting of dredged spoil in a jurisdictional wetland constitutes the discharge of a pollutant under the Clean Water Act (CWA). The court first holds that the deposit of dredged or excavated material from a wetland back into the same wetland constitutes the discha...
The court holds that a railroad's motion to dismiss a power company's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action against it for lack of subject matter jurisdiction must be denied. The court first holds that the power company's allegation as co...
The court holds that the U.S. Army Corps of Engineers properly granted a riverboat casino operator a Clean Water Act (CWA) and Rivers and Harbors Appropriations Act permit to construct and operate a riverboat gambling facility on the Ohio River in Indiana. The court first holds that the Corps proper...
The court upholds a district court dismissal for lack of subject matter jurisdiction of recreational groups' claims that the U.S. Forest Service violated the U.S. Constitution and the Administrative Procedure Act (APA) when it designated certain areas of the Shawnee National Forest as Research Natur...
The court reverses and remands a lower court decision holding that a portion of the National Park Service's (NPS') backcountry management plan (BMP) for the Canyonlands National Park in Utah that allows motor vehicle access on a 10-mile segment of road violates the National Park Service Organic Act ...
In Alaska Department of Environmental Conservation (ADEC) v. U.S. Environmental Protection Agency, the U.S. Supreme Court narrowly upheld orders issued by the U.S. Environmental Protection Agency (EPA) pursuant to §§113(a)(5) and 167 of the Clean Air Act (CAA or Act), prohibiting construction of a new power generator unit at a mine in Northwest Alaska.
The Ninth Circuit held that the BLM violated NEPA when it approved a mining company's amendment to a plan of operations for an existing mineral exploration project in Nevada. The BLM took a hard look at the direct impacts of the amendment and its discussion of reasonable alternatives was proper, but...
The Tenth Circuit rejected environmental and citizens' groups challenge to a 2003 BLM resource management plan amendment allowing natural gas development in Wyoming's Powder River Basin. The groups alleged that BLM violated NEPA when it refused to study in detail their proposal to phase development ...
The Fourth Circuit reversed and remanded a lower court injunction requiring the immediate installation of emissions controls at four TVA generating plants in Alabama and Tennessee. TVA is in compliance with the NAAQS, the corresponding SIPs, and the permits that implement them. Because these standar...