The Court holds that three 1995 U.S. Department of the Interior (DOI) amendments to the federal grazing regulations neither violate the Taylor Grazing Act nor exceed the Secretary of the Interior's authority under that Act. The Court first holds that the new definition of "grazing privileges" does n...
The court holds that neither an amended Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) consent decree between a waste handler and the United States nor a previous trust agreement with other CERCLA defendants bound a waste handler to sign a new trust agreement. The dis...
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 holds that a district court erroneously denied an environmental group's motion for a preliminary injunction to prevent the U.S. Forest Service from proceeding with certain timber sales in the Payette National Forest in Idaho. In separate litigation, a district court held that a Forest Serv...
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 court upholds a U.S. Forest Service recreation management plan that provided for a three-day window every other week during which motorized water craft would be barred from part of the wild section of the Snake River in the Hells Canyon National Recreation Area. The court first holds that the Fo...
The court holds that a nonsettling potentially responsible party (PRP) must pay a portion of past and future remediation costs incurred by settling PRPs at the Sullivan's Ledge site in New Bedford, Massachusetts. Relying on the jury's findings, the court first holds that the nonsettling party must p...
The court holds that a railroad company lessor is barred from recovering economic losses and property damages associated with hazardous waste contamination on its leased site. The court first holds that the lessor's claim for economic losses and property damages under the Minnesota Environmental Res...
This Article discusses the original goals of Agenda 211 related to achieving "environmentally sound" solid waste management and reviews U.S. activities and policies with regard to solid waste over the last decade. Of greatest interest to the public and the media has been municipal solid waste (MSW)—ordinary household, commercial and institutional garbage or trash. Overall, the record of the United States in achieving sustainable solid waste management, including steady state or decreasing levels of waste generation and disposal, is mixed.
There has been a great deal of federal-state conflict, termed the "Seaweed Rebellion," regarding the development of outer continental shelf (OCS) oil and gas resources. The crux of the conflict is that the benefits of OCS energy development are national, while the impacts are regional. One of the main issues of contention is the distribution and control of the revenues derived from OCS energy development. Presently, most of the revenues are deposited into the U.S. Treasury and utilized to pay for federal programs and deficit reduction.