The court largely upholds the U.S. Environmental Protection Agency's (EPA's) determination that Subtitle C of the Resource Conservation and Recovery Act (RCRA) does not apply to recycled materials used to make zinc fertilizers, or to the resulting fertilizers themselves, so long as they meet certain...

The Ninth Circuit holds that a district court erred in holding that residents living across from a county dump lacked standing to bring Clean Air Act (CAA) claims based on ozone degradation against a county health department and in granting the county summary judgment on the residents' Resource Cons...

The D.C. Circuit held that on remand EPA must explain how the risk assessments it used in exempting certain recycled zinc fertilizer products from regulation under RCRA compare with the risk threshold estimates in a private study. Petitioners were limited to challenging EPA's claim that its study an...

The U.S. Supreme Court held that the Federal Motor Carrier Safety Administration (FMCSA) did not violate NEPA, relevant CEQ regulations, or the CAA when it failed to evaluate the environmental impact of increased cross-border operations of Mexican motor carriers in its EA because any environmental i...

The Sixth Circuit held that a district court improperly failed to vacate or modify an injunction that prevented the Federal Highway Administration (FHwA) from revisiting its decision regarding a highway extension. An environmental group sued to enjoin construction, stating that the project required ...

The D.C. Circuit held that FERC complied with NEPA in approving a company's application for a certificate of public convenience and necessity to construct a pipeline extension through Southwest Virginia and North Carolina. FERC's process for ventilating and analyzing potential environmental impacts ...

The Ninth Circuit affirmed in part and reversed in part a lower court decision concerning challenges to a plan to redirect water from the Sacramento River Basin back to the Trinity River in order to revive its chinook salmon, coho salmon, and steelhead trout populations. Contrary to the lower court'...

The court holds that the U.S. Forest Service (Forest Service) was required by the National Environmental Policy Act (NEPA) to consider the connected and cumulative impacts of a timber company's proposed timber-management project and six applications for access-road permits to the company. The Forest...

The court holds that the presumption against extraterritoriality prevents the U.S. Department of Defense (DOD) from having to prepare environmental impact studies (EISs) under the National Environmental Policy Act (NEPA) for U.S. military installations in Japan. The presumption is supported by forei...

The court dissolves a 1992 injunction that prevented the U.S. Forest Service (Forest Service) from auctioning or awarding timber sales to log suitable habitat for the northern spotted owl in Regions 5 and 6 until the Forest Service implemented revised standards and guidelines in compliance with the ...