The court upholds the Environmental Protection Agency's (EPA's) requirement in a national pollutant discharge elimination system (NPDES) permit that discharge pipes have submerged outlets extending beyond the intertidal mudflats at Cook Inlet, Alaska. Cook Inlet has extreme tides of up to 30 feet an...

The court establishes a timetable to bring New Jersey into compliance with the ozone control portion of its state implementation plan (SIP). In a previous decision, the court had held that New Jersey was liable for failing to abide by its SIP's timetable for implementation of seven specific ozone co...

The court holds that the Corps of Engineers' supplemental environmental impact statement (SEIS) for the Elk Creek Dam project in Oregon is deficient because its wildlife mitigation plan is incomplete, it fails to take into account new information acquired since the original EIS was prepared, and fai...

Upholding the district court's issuance of a preliminary injunction, the court rules that §202(d) of the Federal Land Policy and Management Act (FLPMA) requires that termination of public land classifications must be consistent with resource management plans, and that §309(e) requires public parti...

The court holds that defendant's construction of a plant on the site of an existing source was not a major modification requiring a prevention of significant deterioration (PSD) permit under the Clean Air Act since the existing source identified by the Environmental Protection Agency (EPA) in its no...

In an unpublished opinion, the court rules that the Bald and Golden Eagle Protection Act's (BGEPA's) permit system for the taking and transporting of eagle parts does not violate the First Amendment's protection for the free exercise of religion. The United States instituted a forfeiture proceeding ...

The court holds that two defendants that were responsible for the use of a landfill contaminated with chromium at a residential development site are jointly and severally liable for a municipal corporation's costs in excavating and removing the contaminated material. The court initially holds that p...

The court invalidates the Environmental Protection Agency's (EPA's) emergency suspension of the pesticide dinoseb, and rules that §6(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizes district court review of an emergency suspension order even where an administrativ...

The court holds that the Federal Aviation Administration (FAA) did not violate the Noise Control Act by failing to provide a detailed explanation for its decision not to require certified airport operators to submit aircraft noise abatement plans. The Environmental Protection Agency (EPA), as mandat...

The court holds that a permit issued by a local water district to allow construction of a condominium complex on an island in Lake Okeechobee is contrary to Florida law. Florida's Land and Water Adjudicatory Commission rescinded the permit, holding that the Commission had jurisdiction to review the ...