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Prairie Wood Prods. v. Glickman

The court holds that the U.S. Forest Service implementation of interim resource conservation policies in nine national forests was not arbitrary or capricious and did not violate the National Forest Management Act (NFMA) or the National Environmental Policy Act (NEPA). The Forest Service developed i...

Ashoff v. Ukiah, City of

The court holds that the Resource Conservation and Recovery Act (RCRA) does not authorize a citizen suit against a California city's solid waste disposal site for violation of RCRA authorized state regulations that are more stringent than federal minimum standards. The court first holds that RCRA au...

Horsehead Resources Dev. Co. v. EPA

The court holds that an electric arc furnace dust recycler's petition to review a U.S. Environmental Protection Agency's (EPA's) rule that excludes electric arc furnace dust from the Resource Conservation and Recovery Act's (RCRA's) hazardous waste list was not filed within RCRA §7006's 90-day fili...

Kasza v. Browner

The court holds that the military and state secrets privilege and the Resource Conservation and Recovery Act (RCRA) §6001 presidential exemption bar two RCRA citizen suits against the U.S. Air Force and the U.S. Environmental Protection Agency (EPA). The two suits alleged RCRA violations and sought...

Los Angeles, City of v. Federal Aviation Admin.

The court holds that the Federal Aviation Administration's (FAA's) approval of the expansion of Burbank-Glendale-Pasadena Airport does not violate the National Environmental Policy Act (NEPA) or the Clean Air Act (CAA). The court first rejects the arguments made by two cities that if FAA had taken a...

Aurora Nat'l Bank v. Tri Star Mktg., Inc.

The court holds that property owners could proceed under either a general or alternative liability theory in a Resource Conservation and Recovery Act (RCRA) suit against former operators of a gasoline station on their property. The court first holds that it does not possess enough information to mak...

Florida Power & Light Co. v. EPA

The court dismisses a power company's petitions for review of two preamble statements made by the U.S. Environmental Protection Agency (EPA) in conjunction with a proposed rule concerning state authorization of Resource Conservation and Recovery Act (RCRA) corrective action programs at interim statu...

Military Toxics Project v. EPA

The court denies a coalition's petition for review of the U.S. Environmental Protection Agency's (EPA's) final rule establishing the circumstances in which military munitions are deemed hazardous wastes under the Resource Conservation and Recovery Act (RCRA). The court first holds that a trade assoc...

Missouri v. Corps of Eng'rs

The court holds that an intraagency memorandum discussing the U.S. Army Corps of Engineers' proposal to protect the pallid sturgeon in Missouri is exempt from Freedom of Information Act (FOIA) disclosure under the deliberative process privilege. The court first holds that the sturgeon memo is protec...