The court holds that the U.S. Forest Service policy of leaving game "baiting" regulation in the National Forest System to the states complies with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). The court first holds that the adoption of the new policy is not a maj...

The court holds that although a subpoena duces tecum issued by a manufacturer against the U.S. Environmental Protection Agency (EPA) to produce certain discovery documents in a lawsuit in which it was not a party is barred by sovereign immunity, the Administrative Procedure Act (APA) waives that imm...

The court holds that the U.S. Environmental Protection Agency's (EPA's) use of the toxicity characteristic leaching procedure (TCLP) to measure compliance with the Resource Conservation and Recovery Act (RCRA) treatment standard for spent potliner is arbitrary and capricious. Spent potliner is a byp...

The court vacates two Court of International Trade orders that were issued after an environmental group withdrew its motion to enforce the Court of International Trade's ruling pertaining to the enforcement of turtle excluder device regulations under §609 of the U.S. Departments of Commerce, Justic...

The Second Circuit reversed a lower court decision dismissing a property owner's lawsuit against a zoning district that denied his variance request to build a single-family home on his land. The district denied his application because his proposal did not comply with a local zoning law that sets...

The Tenth Circuit, in a 120-page opinion, reversed a lower court decision setting aside and permanently enjoining the U.S. Forest Service's Roadless Area Conservation Rule. In setting aside the rule, the lower court held that the Service violated the Wilderness Act of 1964 and NEPA. But the Wilderne...

The court holds that acity may commence construction of portions of a water pipeline project that are not subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC) before the city obtains FERC approval of easements for the project's pipeline to cross land at a FERC-licensed hydr...

The court holds that the district court, in applying the rule of reason, did not abuse its discretion in dissolving an injunction when it held that the environmental impact statements (EISs) produced by the National Park Service (NPS), concerning the impact of any possible future mining activity in ...

The court holds that a regulation of the Defense Nuclear Facilities Safety Board (Board) providing that the Board may close meetings, or portions of meetings, involving deliberations on its recommendations relating to the public health and safety, does not violate the Government in the Sunshine Act....

The court holds that an Office of Government Ethics' (OGE's) regulation allowing federal employees to accept reimbursement for expenses incurred in giving "official" speeches, but not "unofficial" speeches, is valid on its face under the First Amendment. The court first holds that the proper standar...