A district court vacated FWS' final rule designating approximately 187,157 square miles in Alaska and adjacent territorial and U.S. waters as critical habitat for the polar bear, ruling that the designation "went too far and was too extensive." Although the final rule is valid in many respects, the ...

A North Carolina court held that the state's environmental agency has the authority to require an egg farm to obtain a NPDES permit to prevent airborne pollutants from reaching state waters. The egg farm does not make any direct discharges into state waters, but ammonia and other pollutants may ente...

The Second Circuit affirmed in part and vacated in part a lower court's grant of summary judgment in favor of the NRC in a case challenging its grant of an exemption to the Indian Point nuclear power plant from compliance with certain fire safety regulations. Environmental and citizens groups filed ...

The Federal Circuit reversed and remanded a lower court decision dismissing a developer's Fifth Amendment takings claim against the U.S. Army Corps of Engineers for denying its application for a CWA §404 wetlands fill permit. The property is located on a barrier island of Florida, much of which is ...

The D.C. Circuit dismissed a road building association's lawsuit challenging EPA regulations for nonroad engines and vehicles. The regulations pertain to CAA §209(e), which preempts certain state regulation of nonroad engines. The association petitioned EPA to amend those regulations to broaden the...