The Sixth Circuit affirms a district court judgment upholding the Interior Board of Land Appeals' (IBLA's) decision that a mining company violated federal Surface Mining Control and Reclamation Act (SMCRA) regulations requiring the elimination of cliff-like rock walls known as "highwalls" at its sur...

The court holds that the U.S. Environmental Protection Agency (EPA) may seek to enforce the Resource Conservation and Recovery Act's (RCRA's) financial assurances requirements against an engineering company even though the state of Colorado already initiated an enforcement action against the company...

The court holds that the U.S. Department of Energy's (DOE's) amended contract with a nuclear power plant operator constituted a direct payment of Nuclear Waste Fund (NWF) monies and was unlawful under the Nuclear Waste Policy Act (NWPA). DOE entered into contracts with the nuclear power plants to fu...

The court affirms a district court decision denying residents' request to preliminarily enjoin a U.S. Army Corps of Engineers' (the Corps') permit allowing the use of federal waters and wetlands for construction of an electric-generating plant in Athens, New York, near the banks of the Hudson River....

The court holds that the citizen suit provision of the Surface Mining Control and Reclamation Act (SMCRA), §520(f), provides a federal cause of action for the recovery of damages resulting from violation of state regulations that are a part of the state's surface coal mining and reclamation regulat...

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...

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...

The court denies several utilities' and states' broad request for a writ of mandamus that would require the U.S. Department of Energy (DOE) to begin disposing of spent nuclear fuel (SNF) by the Nuclear Waste Policy Act's (NWPA's) January 31, 1998, deadline. But the court precludes DOE from excusing ...

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...

The Court holds that an environmental group lacks standing to maintain a suit for purely past violations of the Emergency Planning and Community Right-to-Know Act (EPCRA). After receiving notice from the group of its failure to report EPCRA information in a timely fashion, the manufacturer filed all...