The court holds that a district court lacked jurisdiction over a parent corporation's challenge to a pending U.S. Nuclear Regualatory Commission (NRC) hearing to determine whether the company was liable for cleanup costs at the facility of its subsidiary, which is an NRC licensee. The NRC attempted ...

The court holds that the salvage logging rider to the 1995 Rescissions Act precludes judicial review under the Administrative Procedure Act (APA) of seven salvage timber sales in Idaho and Montana. Because §2001(f) of the Rescissions Act provides a specific mechanism for judicial review and offers ...

The court holds that the U.S. Department of Transportation (DOT) acted within the scope of its discretion in issuing a regulation that established a rebuttable presumption that loose closures on railroad tank cars transporting hazardous materials result from the shipper's failure to conduct a proper...

The court holds that a Michigan confined disposal facility (CDF) run by the U.S. Army Corps of Engineers (the Corps) must accept dredged materials that were accumulated to determine the environmental impacts that the construction of a combined sewer overflow (CSO) retention basin will have on a cree...

The court holds that individuals' National Environmental Policy Act (NEPA) suit against the U.S. Department of Energy (DOE) seeking to enjoin the agency from shipping the nuclear material mixed oxide uranium (MOx), from the United States and Russia to Canada is moot. The individuals claimed that DOE...

The court reverses a district court decision and holds that the U.S. National Park Service (NPS) violated the National Environmental Policy Act when it implemented a vessel management plan (VMP) for the Glacier Bay National Park in Alaska without preparing an environmental impact statement (EIS). Th...

The court denies a California public utility's petition for a writ of mandamus staying various aspects of a Federal Energy Regulatory Commission (FERC) order addressing the crisis surrounding California's restructuring of its electricity market, and denies a city's petition for mandamus ordering FER...

The court holds that the Federal Aviation Administration's (FAA's) and Air National Guard's (ANG's) orders approving the Colorado Airspace Initiative (Initiative) and its underlying environmental impact analysis did not violate the National Environmental Policy Act (NEPA), the Federal Aviation Act, ...

A district court ordered the Tennessee Valley Authority (TVA) to install and continuously operate scrubbers at four power plants in Tennessee and Alabama. North Carolina filed a public nuisance claim against TVA, citing urgent environmental concerns due to air pollution emitted by TVA's coal-fired p...

The Fourth Circuit held that an environmental group was entitled to attorney fees in their action challenging an OSM decision that resulted in a remand to the agency for additional investigation. The group filed a citizen complaint with the OSM alleging that a reclaimed surface mining site, which ha...