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Molinary v. Powell Mountain Coal Co.
The court affirms the dismissal of a land trust's action alleging that a coal company that owned the mineral rights to a tract of the trust's land violated the Surface Mining Control and Reclamation Act (SMCRA) and other federal and state laws. The trust alleged that the company's failure to comply ...
Aluminum Co. of Am. v. Administrator
The court denies a petition to review the Bonneville Power Administration's (BPA's) record of decision (ROD) regarding the operations of the Federal Columbia River Power System (FCRPS). The National Marine Fisheries Service (NMFS) concluded that under the Endangered Species Act (ESA), continued oper...
Marbled Murrelet v. Babbitt
The court holds that a prevailing logging company was not entitled to attorney fees in a lawsuit brought by an environmental group under the Endangered Species Act (ESA). The court first holds that it will only allow attorney fees to a prevailing defendant if the plaintiff's action was frivolous. Th...
Rith Energy, Inc. v. United States
The court holds that the Office of Surface Mining Reclamation and Enforcement's (OSM's) denial of a surface mining permit to a company was not a taking. The company's mining plan would invade the rock strata overlying an aquifer that supplies a local community with drinking water. The court first ho...
American Auto. Mfrs. Ass'n v. Cahill
The court holds that an automobile manufacturers association is entitled to attorney fees in connection with an underlying action in which New York's zero emission vehicle sales requirement for model years 1998-2002 was held preempted under Clean Air Act (CAA) §209. The court first holds that the a...
Association of Int'l Auto. Mfrs., Inc. v. Commissioner
The court grants automakers' motion to stay their challenge to Massachusetts' zero emission vehicle standards pending the automakers' appeal of a U.S. Environmental Protection Agency (EPA) ruling in the Court of Appeals for the D.C. Circuit. In an earlier decision, in which the automakers claim that...
Greenpeace v. National Marine Fisheries Serv.
The court holds that the National Marine Fisheries Service (NMFS) violated the Endangered Species Act (ESA) by failing to prepare a biological opinion (BO) that properly addressed how the North Pacific fishery management plans (FMPs) for the groundfish fisheries in the Bering Sea and Gulf of Alaska ...
Natural Resources Defense Council v. Daley
The court holds that the National Marine Fisheries Service (NMFS) did not comply with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) or its regulations when it promulgated the 1999 summer flounder fishing quota. The court first holds that the summer flounder fish...
Jorling v. Department of Energy
The court affirms a district court decision holding that hazardous waste regulatory charges imposed by New York on federal installations operated by the U.S. Department of Energy (DOE) in New York are reasonable service charges within the meaning of Resource Conservation and Recovery Act §6001(a), ...