The court holds that the Federal Highway Administration and the West Virginia Department of Transportation's decision to support the building of a new, four-lane highway as part of the Appalachian Highway Development System complied with the National Environmental Policy Act and §4(f) of the Depart...
The court upholds the U.S. Forest Service's interpretation of the term "native" and its environmental assessment (EA) for an ecological project in Shawnee National Forest in Illinois. The appellants argued that the ecological project will have an adverse effect on shortleaf pines and pine warblers i...
The court holds that the U.S. Forest Service failed to comply with National Forest Management Act (NFMA) and National Environmental Policy Act (NEPA) requirements in determining whether to allow a timber sale in the Payette National Forest in Idaho. The court first holds that the Forest Service fail...
When the 103d Congress convened on January 5, 1993, many observers believed that it would make up for the dismal environmental record of its predecessor. The 102d Congress had tried and failed to reauthorize the Federal Water Pollution Control Act (FWPCA), the Endangered Species Act (ESA), and the Resource Conservation and Recovery Act (RCRA). Its attempt to elevate the U.S. Environmental Protection Agency (EPA) to a cabinet-level department had been blocked in the House of Representatives, and its attempt to reform the General Mining Law of 1872 had been blocked in both houses.
Environmental regulation of pollution in the United States is often maligned as costly and ineffective. Pollution continues to plague and degrade the natural resources in the United States, and U.S. waters in particular. Nonpoint source pollution is currently the most significant source of water pollution, but it is also the most unregulated. While other discharges into U.S. waters have been dramatically reduced since the Federal Water Pollution Control Act (FWPCA) was enacted, nonpoint source pollution—caused most by runoff from agricultural operations—has increased.
Few commentators doubt the value of clean, unadulterated waters teeming with varied and colorful aquatic life. The debate centers instead on more pragmatic concerns, that is, how to best accomplish the accepted imperative. Some maintain that the primary responsibility should fall on the federal government because of its insularity from regional economic and political pressures. Others suggest that states should take the lead because of their familiarity with and ability to respond to local environmental concerns. Both sides have valid points.
Editors' Summary: On February 28, 2005, the U.S. Court of Appeals for the Second Circuit vacated and remanded portions of EPA's concentrated animal feeding operations (CAFO) rule. The ruling was not a win for either side of the debate, as it requires permitting authorities to review and incorporate nutrient management plans into their permits, but prevents EPA from requiring CAFOs to apply for permits based solely on their potential to discharge pollutants to U.S. waters.
The court holds that the U.S. Forest Service's approval of a proposed timber sale in the Tongass National Forest in Alaska violated the National Forest Management Act (NFMA), but did not violate the National Environmental Policy Act (NEPA). The court first holds that the Forest Service's tentative o...
The court holds that an environmental group is not entitled to a preliminary injunction suspending a proposed retail development's construction permit and ordering the U.S. Army Corps of Engineers to prepare an environmental impact statement (EIS) addressing the development's impact on flooding. The...
The court holds that the Federal Highway Administration's (FHwA's) approval of a highway project in West Virginia violated the Department of Transportation Act §4(f) historic sites review requirement. The court first holds that the plain language of §4(f)'s regulations, 23 C.F.R. §771.135(b) and ...