The court held that the Bonneville Power Administration (BPA) arbitrarily and capriciously transferred the functions performed by the Fish Passage Center—providing technical assistance and information to fish and wildlife agencies, Indian tribes, and the general public on matters related to salmon...

The court upheld a U.S. Department of Labor administrative review board decision dismissing a civilian chemist's complaint that his former employer—the U.S. Army—violated the employee protection provisions of several environmental statutes and retaliated against him by creating a hostile work en...

A district court held that the Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act (FLPMA), and the Endangered Species Act (ESA) when it revised its nationwide grazing regulations. In issuing the regulations, which general...

A district court denied motions for summary judgment brought by the current or former owners of underground petroleum storage tanks who were sued under the Resource Conservation and Recovery Act (RCRA) by the owner of neighboring property. The underground storage tank (UST) owners argued that ground...

The D.C. Circuit denied petitions to review two Federal Energy Regulatory Commission (FERC) regulations concerning the project design and capacity expansion of Alaska natural gas transportation projects. The petitioner wants to construct a natural gas pipeline from the North Slope of Alaska to the c...

The court holds that the U.S. Army Corps of Engineers' authorization of a flood control project in the St. Johns Bayou and New Madrid Floodway on the west bank of the Mississippi River violates the Administrative Procedure Act (APA) and enjoined further construction work on the project. Environmenta...

A district ruled on several pre-trial motions of both defendants and plaintiffs alleging property damage caused by a defendant's contamination at its nearby chemical manufacturing facility (a designated Superfund site), negligence, fraud, fraudulent concealment, strict liability, trespass, and civil...

A district court dismissed environmental groups' claim that the U.S. Environmental Protection Agency (EPA) has never undertaken the study of coal mining wastes requested by Congress and, accordingly, has failed to determine whether such wastes should be regulated as "hazardous" under Subtitle C of t...

The court holds in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113 contribution action that plaintiff, the successor-owner/operator of a battery breaking facility, is liable for 75 percent of the cleanup costs and that defendant-battery suppliers are liable for...

The court holds that a company that purchased many of the assets of an agricultural chemical company is not liable as a successor-in-interest for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first holds that state law dictates the p...