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Confessions of an Environmental Enforcer

It has become manifest that the manner in which the U.S. Environmental Protection Agency (EPA) imposes, implements, and enforces environmental requirements is in serious need of reform. This was recently and eloquently expressed by former EPA Administrator William Ruckelshaus in his speech at the Environmental Law Institute's 1995 Annual Dinner. Expressions of the need for change have come from many points on the political spectrum, including the White House and the Congress. Unfortunately, practical measures to accomplish reform must overcome formidable obstacles.

Hill v. Boy

The court holds that the U.S. Army Corps of Engineers violated the National Environmental Policy Act by failing to consider adequately the environmental impact of a petroleum pipeline that crosses under a proposed reservoir before issuing a Federal Water Pollution Control Act §404 permit. In issuin...

South Dakota Mining Ass'n v. Lawrence County

The court holds that the Federal Mining Act of 1872 preempts a local zoning ordinance that bans surface metal mining within the Spearfish Canyon area of South Dakota. The court first holds that miners' preemption claim against the county ordinance is ripe. The miners have shown a realistic danger of...

Blue Mountains Biodiversity Project v. Pence

The court upholds a U.S. Forest Service decision to allow a timber sale in the Malheur National Forest in Oregon. The Forest Service's decision allows the harvest of approximately 10.7-million-board feet of timber from approximately 3,560 acres, which includes 92 acres of conifers encroaching on asp...

Everett v. United States

The court upholds the U.S. Forest Service's denial of a special use permit to land a private helicopter on a parcel of the Sawtooth National Forest that abuts the permit applicant's vacation property in rural Idaho. The court first holds that the Forest Service reasonably interpreted 36 C.F.R. §251...

South Bronx Coalition for Clean Air v. Conroy

The court dismisses environmental groups' motion to enjoin the sale of a former bus depot in the South Bronx, New York. The sale is part of a plan to develop a former rail yard adjacent to the depot. The plan provides for an intermodal freight terminal, a solid waste transfer station, a paper recycl...

Ross v. Federal Highway Admin.

The court affirms a district court decision enjoining further construction on a Kansas highway project until the Federal Highway Administration (FHwA) completes a National Environmental Policy Act (NEPA) supplemental environmental impact statement (SEIS) for a segment of the project. The court first...

Blue Mountains Biodiversity Project v. Blackwood

The court holds that the U.S. Forest Service must prepare an environmental impact statement (EIS) for several timber salvage sales on fire-damaged land in the Umatilla National Forest in Oregon. The court first holds that the Forest Service did not take the requisite hard look at the environmental i...

Jersey Heights Neighborhood Ass'n v. Glendening

The court reinstates a neighborhood association's National Environmental Policy Act (NEPA) and Federal Aid Highway Act (FAHA) claims against federal and state agencies for failing to prepare a supplemental environmental impact statement (SEIS) addressing the construction of a bypass around Salisbury...