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Louisiana Envtl. Action Network v. EPA

The court upholds a U.S. Environmental Protection Agency (EPA) rule that allows the Agency to issue variances from general Resource Conservation and Recovery Act (RCRA) treatment standards if such standards would likely discourage aggressive remediation of previously disposed of hazardous waste. The...

Boyes v. Shell Oil Prods. Co.

The court holds that a district court abused its discretion by abstaining from hearing property owner's Resource Conservation and Recovery Act (RCRA) claims against two petroleum companies. The court first holds that Florida's underground storage tank (UST) program is preempted to the extent there i...

Connecticut v. Department of Commerce

The court affirms a district court's grant of summary judgment in favor of the U.S. Department of Commerce (DOC), finding that its denial of Connecticut's petition for rulemaking under the Magnuson-Stevens Act was not arbitrary or capricious and was consistent with all relevant law. Connecticut soug...

Atlantic States Legal Found. v. Babbitt

The court holds that Eleventh Amendment sovereign immunity bars an environmental group's suit against a state environmental agency challenging the U.S. Fish and Wildlife Service's grant of a migratory bird depredation permit to the state agency. The court first holds that the state environmental age...

Humane Soc'y of the United States v. Glickman

The court holds that the U.S. Department of Agriculture (USDA) violated Migratory Bird Treaty Act (MBTA) §703 when, without a permit from the U.S. Department of the Interior (DOI), it killed Canada geese during the implementation of its integrated goose management plan. The court first holds that M...

Chemical Mfrs. Ass'n v. EPA

The court holds that a U.S. Environmental Protection Agency (EPA) rule establishing a bifurcated schedule for hazardous waste combustors to comply with strict new emission standards is arbitrary and capricious. The rule, promulgated under the Clean Air Act (CAA) and the Resource Conservation and Rec...

Building Indus. Ass'n of Superior Cal. v. Norton

The court affirms a district court denial of summary judgment to a building industry association challenging the U.S. Fish and Wildlife Service's (FWS') listing of four species of fairy shrimp that live in vernal pools in California as endangered or threatened under the Endangered Species Act (ESA)....

Cox v. Dallas, Tex., City of

The court affirms a district court holding that a city was liable for contributing to illegal dumping at two garbage dumps in violation of the Resource Conservation and Recovery Act (RCRA), and that the director of the state environmental agency could not be held liable for RCRA violations. Resident...

Defenders of Wildlife v. Norton

The court holds that the U.S. Department of the Interior's (DOI's) decision to withdraw a proposed rule recommending the flat-tailed horned lizard for protection under the Endangered Species Act (ESA) was arbitrary and capricious. The lizard was identified as a candidate for listing under the ESA in...

Center for Biological Diversity v. Norton

The court affirms a district court decision rejecting an environmental group's claims for attorney fees in connection with their lawsuit against the U.S. Department of the Interior (DOI) in which they sought the listing of the Arkansas River shiner as an endangered or threatened species under the En...