The court holds that the U.S. Environmental Protection Agency's (EPA's) construction of the Clean Air Act (CAA) in promulgating the revised national ambient air quality standards (NAAQS) for ozone and particulate matter (PM) effects an unconstitutional delegation of legislative power and remands the...

The court holds that a state's failure to seek rehearing of the Federal Energy Regulatory Commission's (FERC's) order on remand in a case involving a hydroelectric power license application deprives the court of jurisdiction. After denying the state's initial motions for rehearing, FERC filed an uno...

The court holds that the Office of Surface Mining Reclamation and Enforcement's (OSM's) denial of a surface mining permit to a company was not a taking. The company's mining plan would invade the rock strata overlying an aquifer that supplies a local community with drinking water. The court first ho...

The court denies in part and grants in part the U.S. Environmental Protection Agency's (EPA's) petition for rehearing of a decision holding that EPA's revised national ambient air quality standards (NAAQS) for ozone were not based on intelligible principles in the Clean Air Act (CAA) for setting suc...

The court upholds two Nuclear Regulatory Commission (NRC) orders that refused on standing grounds a radioactive waste disposal facility's request for hearing and intervention in the licensing proceedings of two competitor disposal facilities. The court first holds that the NRC correctly stated that ...

The court holds that the U.S. Department of Energy (DOE) fulfilled its statutory obligations under the Nuclear Waste Policy Act (NWPA) to ensure that Nevada had sufficient funds enabling it to perform essential nuclear waste dump oversight activities at Yucca Mountain, Nevada. The court first holds ...

The court holds that the Federal Energy Regulatory Commission's (FERC's) decision to approve a city's application to amend a hydroelectric power license did not violate the National Environmental Policy Act (NEPA) or the Federal Power Act (FPA). The application proposed the running of a 9.6-mile pow...

The court holds that Eleventh Amendment sovereign immunity bars an environmental group's suit against a state environmental agency challenging the U.S. Fish and Wildlife Service's grant of a migratory bird depredation permit to the state agency. The court first holds that the state environmental age...

The court holds that the Eleventh Amendment bars all but two claims brought by citizen groups in federal court against a state official accused of failing to implement, administer, enforce, and maintain a federally approved state coal mining program under the Surface Mining Control and Reclamation A...