The court upholds the conviction of a fertilizer company owner who allowed hazardous waste to be disposed of without a permit while knowing that his actions placed others in imminent danger of death or serious bodily injury, but the court vacates a district court order requiring the owner to pay a $...

The court affirms a district court denial of an environmental group's motion for a preliminary injunction to stay the U.S. Department of the Navy's exercises on the island of Vieques near Puerto Rico. The group alleged that the Navy violated certain Endangered Species Act (ESA) §7 procedural requir...

The court affirms a district court dismissal of a commercial fisherman association's challenge to a fishery management plan (FMP) regulation, known as Framework 25, that instituted year-round closure of a fishing area and required rolling closures of inshore ports along the Gulf of Maine. The New En...

The court holds that the U.S. Supreme Court's decision in Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598 (2001), did not prohibit the use of the catalyst test as a basis for awarding attorney fees and costs under the Endangered Specie...

The court holds that the Secretary of Commerce's adoption of a fishery conservation amendment to the Northeast Multispecies Fishery Management Plan does not violate the Magnuson Act or the Regulatory Flexibility Act (RFA). The amendment sets annual allowable catch targets for regulated species, orch...

The court holds that the U.S. Forest Service policy of leaving game "baiting" regulation in the National Forest System to the states complies with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). The court first holds that the adoption of the new policy is not a maj...

The court holds that the U.S. Fish and Wildlife Service (FWS) did not violate Endangered Species Act (ESA) §4(b)(3)(A) when it relied on its 1997 listing priority guidance and failed to make a preliminary 90-day finding on a petition to list the Columbian sharp-tail grouse as endangered. In respons...

The court holds that under Ohio law, the doctrine of res judicata bars property owners' Resource Conservation and Recovery Act (RCRA) suit against the property's seller for leaving gasoline buried in the soil. The owners filed their RCRA suit in federal court after they litigated contract and fraud ...

The court holds that the Federal Emergency Management Agency (FEMA) and the U.S. Fish and Wildlife Service (FWS) satisfied their Endangered Species Act (ESA) obligations concerning possible adverse affects of an emergency housing project on endangered and threatened turtle and snake species. The cou...

The court holds that it lacks jurisdiction over a building association's appeal of a decision upholding the U.S. Fish and Wildlife Service's (FWS') listing of four species of fairy shrimp as endangered or threatened under the Endangered Species Act. The district court granted partial summary judgmen...