The court holds that the U.S. Environmental Protection Agency (EPA) was not constitutionally barred from considering a facility's boiler and industrial furnace (BIF) permit application while a federal government suit over the facility's alleged incineration of hazardous waste without a permit was pe...

The court refuses to approve a proposed consent decree requiring the U.S. Environmental Protection Agency (EPA) to issue a notice of proposed revisions to its hazardous waste identification rule by August 15, 1995, and to issue its final rules by December 15, 1996. The court first holds that a state...

The court refuses to issue a writ of mandamus overturning a district court refusal to order the U.S. Environmental Protection Agency (EPA) not to initiate enforcement action against hazardous waste generators for shipping material to petitioner hazardous waste treatment company, which lacks a Resour...

The court holds that salvage timber sales that had not yet been advertised were "in preparation" under the Supplemental Appropriations for Disaster Assistance and Rescissions Act's (Rescissions Act's) waiver of National Environmental Policy Act (NEPA) requirements. Environmental groups challenged th...

The court holds that the National Environmental Policy Act (NEPA) does not require the Federal Aviation Administration (FAA) to consider the master plan for an airport's expansion in an environmental assessment (EA) of the upgrade of one runway. The court first holds that the issue is not moot, even...

The court holds that federal and state transportation agencies did not violate the National Environmental Policy Act (NEPA) when they failed to perform a supplemental environmental assessment (EA) after modifying the original design of a proposed freeway interchange. The court first holds that condu...

The court holds that the U.S. Army Corps of Engineers violated the National Environmental Policy Act (NEPA) when it failed to consider, in an environmental impact statement (EIS), reasonable alternatives to creating a single source of water to satisfy the needs of both a municipality and a contiguou...

The court holds that the Bonneville Power Administration (BPA), which entered into two agreements with Canada regarding rights to excess water stored in reservoirs on the Columbia River system in Canada, did not violate the Northwest Power Act (NPA) or the National Environmental Policy Act (NEPA). T...

The court holds that the U.S. Forest Service's (the Service's) environmental impact statement (EIS) and record of decision (ROD) for a mining operation on and around Buckhorn Mountain in California did not violate the National Environmental Policy Act, the Administrative Procedure Act (APA), or Nati...

The court affirms the dismissal of a community association's motion for a preliminary injunction to halt the construction of a 4-lane, 77-mile highway around Nashville, Tennessee. Although the highway has been exclusively funded by the state, the association argued that the federal government failed...