The court amends an opinion that affirmed in part and remanded in part a U.S. Environmental Protection Agency's (EPA's) hazardous air pollutant (HAP) emission regulations for cement manufacturing. The amended opinion removes the argument that the Clean Air Act (CAA) §112(d)(2)(A) requirement that E...
The court reverses and remands the convictions of two individuals charged with improperly removing asbestos-containing materials from a hotel and casino in Las Vegas, Nevada. The court first holds that the district court committed plain error when it constructively amended the indictment by instruct...
The court holds that it lacked original jurisdiction under the Nuclear Waste Policy Act (NWPA) to review an environmental group's petition to set aside a U.S. Department of Energy (DOE) order that provides a process for determining whether certain radioactive waste streams are waste incidental to re...
The court holds that the U.S. Environmental Protection Agency (EPA) has the power under the Clean Air Act (CAA) to adopt de minimis exemptions for sources of pollution from particulate matter having an aerodynamic diameter of 10 microns or less (PM[10]) from the new source review (NSR) program in a ...
The court holds that the National Marine Fisheries Service (NMFS) acted arbitrarily and capriciously in concluding that proposed timber sales were not likely to jeopardize the continued existence of the Umpqua River cutthroat trout and the Oregon Coast coho salmon. The court first holds that the tri...
The court remands two aspects of a final U.S. Environmental Protection Agency (EPA) rule that requires many nitrogen oxide-emitting facilities in several midwestern and southeastern states to conform to emission limits set by EPA and to participate in an emissions trading program. Petitioners challe...
The court remands three portions of technical amendments the U.S. Environmental Protection Agency (EPA) made to its nitrogen oxide (NOx) state implementation plan (SIP) call rulemaking that revised the database used to establish state budgets for NOx emissions. The court first holds that the growth ...
The court denies a petition to review the U.S. Environmental Protection Agency's (EPA's) approval of a revision to Missouri's Clean Air Act (CAA) state implementation plan that included a rate of progress (ROP) plan for reducing volatile organic compound (VOC) emissions in the St. Louis moderate ozo...
The court affirms a district court dismissal of an environmental group's suit against the U.S. Fish and Wildlife Service (FWS) for failing to reinitiate consultation regarding an incidental take permit issued to a timber company under the Endangered Species Act (ESA). The incidental take permit allo...
The court holds that the National Marine Fisheries Service (NMFS) adequately assessed whether implementation of a bottomfish fishery management plan (FMP) for the Northwest Hawaiian Islands would jeopardize the continued existence of the endangered monk seal. The district court originally held that ...