The court holds that although the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a consumer's labeling claims, it does not preempt her defective packaging claim. The consumer brought suit against a pool company after she suffered burning sensations in her lungs and throat and h...

The court upholds the Occupational Safety and Health Administration's (OSHA's) revised standard for the manner and conditions of use for respiratory protection in the workplace. A group representing the iron and steel industry and a group representing doctors separately challenged the revised standa...

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 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. §...

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 the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts an employee's state-law claims against her employer regarding the labeling of pesticides, but FIFRA does not preempt state-law claims regarding the packaging of the pesticides. The employee alleged that she...

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 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 ...

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...