The court reverses a district court decision granting summary judgment in favor of the U.S. Forest Service and held that the agency violated the Administrative Procedure Act (APA) when it cancelled an individual's grazing permit. The individual received a letter citing various permit violations and ...

The court denies an engine manufacturer's petition to review the U.S. Environmental Protection Agency's (EPA's) Clean Air Act (CAA) Phase 2 emissions standards for new nonroad spark-ignition handheld engines. The court first holds that the record shows that EPA complied with CAA §213(a)(3) and reas...

The court denies environmental groups' motion for a preliminary injunction requiring the U.S. Army Corps of Engineers' management of a Florida water project to comply with certain provisions of a U.S. Fish and Wildlife Service (FWS)-issued reasonable and prudent alternative (RPA) that would allegedl...

The court holds that the U.S. Forest Service did not violate the National Environmental Policy Act (NEPA) or the National Forest Management Act in its adoption of a grazing plan for the Fort Pierre National Grasslands in Nebraska. A grazing district challenged the Forest Service's plan, claiming tha...

The Sixth Circuit affirms a district court judgment upholding the Interior Board of Land Appeals' (IBLA's) decision that a mining company violated federal Surface Mining Control and Reclamation Act (SMCRA) regulations requiring the elimination of cliff-like rock walls known as "highwalls" at its sur...

The court dismisses on motions for summary judgment a fishing association's claims against the Secretary of Commerce challenging the National Marine Fisheries Service's (NMFS') 2001 summer flounder quotas and summer flounder fishery management plan (FMP) regulations. The court first holds that the a...

The court reverses a district court decision and holds that the U.S. Fish and Wildlife Service (FWS) does not have discretion under Endangered Species Act (ESA) §4 to make an initial determination to list a petitioned species beyond the ESA's 12-month deadline for making final determinations. The c...

The court holds that the U.S. Fish and Wildlife's (FWS') decision that the westlope cutthroat trout (WCT) did not warrant listing as an endangered or threatened species was arbitrary and capricious. The FWS concluded that listing the WCT under the Endangered Species Act was unwarranted because viabl...

The court holds that the best available retrofit technology (BART) provisions of the U.S. Environmental Protection Agency's (EPA's) regional haze rule violate the Clean Air Act (CAA), but that the rule's natural visibility goal and no degradation requirement do not. The regional haze rule calls for ...

The court denies an industry association's petition to review the U.S. Environmental Protection Agency's (EPA's) denial of the association's Clean Air Act (CAA) §112(b)(3) petition to delete methanol from the CAA list of hazardous air pollutants (HAPs). The association's petition to delist methanol...