The court holds that the National Marine Fisheries Service's (NMFS') decision not to list the Oregon Coast evolutionary significant unit (ESU) of coho salmon as threatened under the Endangered Species Act (ESA) was arbitrary and capricious and was based on an erroneous legal standard. The court firs...

The court holds unlawful a U.S. Department of Commerce fishing quota that allocates the summer catch of scup on a state-by-state basis for Massachusetts, New York, and Rhode Island. Massachusetts argued that the quota was based on incomplete historical data that reflected only scup landings from lar...

The court holds that a district court abused its discretion by abstaining from hearing property owner's Resource Conservation and Recovery Act (RCRA) claims against two petroleum companies. The court first holds that Florida's underground storage tank (UST) program is preempted to the extent there i...

The court affirms a district court's grant of summary judgment in favor of the U.S. Department of Commerce (DOC), finding that its denial of Connecticut's petition for rulemaking under the Magnuson-Stevens Act was not arbitrary or capricious and was consistent with all relevant law. Connecticut soug...

The court holds that Eleventh Amendment sovereign immunity bars an environmental group's suit against a state environmental agency challenging the U.S. Fish and Wildlife Service's grant of a migratory bird depredation permit to the state agency. The court first holds that the state environmental age...

The court holds that the U.S. Department of Agriculture (USDA) violated Migratory Bird Treaty Act (MBTA) §703 when, without a permit from the U.S. Department of the Interior (DOI), it killed Canada geese during the implementation of its integrated goose management plan. The court first holds that M...

The court affirms a district court denial of summary judgment to a building industry association challenging the U.S. Fish and Wildlife Service's (FWS') listing of four species of fairy shrimp that live in vernal pools in California as endangered or threatened under the Endangered Species Act (ESA)....

The court holds that the U.S. Department of the Interior's (DOI's) decision to withdraw a proposed rule recommending the flat-tailed horned lizard for protection under the Endangered Species Act (ESA) was arbitrary and capricious. The lizard was identified as a candidate for listing under the ESA in...

The court holds that Massachusetts' environmental superlien statute, which allows the commonwealth to place a priority lien on property after spending money assessing or cleaning up a polluted tract of land, evades the Bankruptcy Code's automatic stay provision. The case arose after Massachusetts so...

The court affirms a district court decision rejecting an environmental group's claims for attorney fees in connection with their lawsuit against the U.S. Department of the Interior (DOI) in which they sought the listing of the Arkansas River shiner as an endangered or threatened species under the En...