The court holds that the Resource Conservation and Recovery Act (RCRA) does not authorize a citizen suit against a California city's solid waste disposal site for violation of RCRA authorized state regulations that are more stringent than federal minimum standards. The court first holds that RCRA au...
The court holds that home builders lack standing to bring an Endangered Species Act (ESA) §11 citizen suit against the U.S. Department of the Interior and the U.S. Fish and Wildlife Service for issuing a technical correction to a final rule without using the required Administrative Procedure Act no...
The court holds that the U.S. Environmental Protection Agency (EPA) did not act arbitrarily and capriciously when, under the Clean Air Act (CAA) §612(c) and its regulations, it designated a manufacturer's product an unacceptable substitute to freon or when it refused to place the product on the CAA...
The court denies several utilities' and states' broad request for a writ of mandamus that would require the U.S. Department of Energy (DOE) to begin disposing of spent nuclear fuel (SNF) by the Nuclear Waste Policy Act's (NWPA's) January 31, 1998, deadline. But the court precludes DOE from excusing ...
The court holds that an animal welfare group and three individuals lack standing to challenge a U.S. Department of Agriculture (USDA) Animal Welfare Act (AWA) regulation that allows exhibitors of captive primates to develop independent primate psychological enhancement plans. The individuals claimed...
The court holds that an electric arc furnace dust recycler's petition to review a U.S. Environmental Protection Agency's (EPA's) rule that excludes electric arc furnace dust from the Resource Conservation and Recovery Act's (RCRA's) hazardous waste list was not filed within RCRA §7006's 90-day fili...
The Court holds that an environmental group lacks standing to maintain a suit for purely past violations of the Emergency Planning and Community Right-to-Know Act (EPCRA). After receiving notice from the group of its failure to report EPCRA information in a timely fashion, the manufacturer filed all...
The court holds that the military and state secrets privilege and the Resource Conservation and Recovery Act (RCRA) §6001 presidential exemption bar two RCRA citizen suits against the U.S. Air Force and the U.S. Environmental Protection Agency (EPA). The two suits alleged RCRA violations and sought...
The court holds that the U.S. Department of Energy (DOE) fulfilled its statutory obligations under the Nuclear Waste Policy Act (NWPA) to ensure that Nevada had sufficient funds enabling it to perform essential nuclear waste dump oversight activities at Yucca Mountain, Nevada. The court first holds ...
The court holds that the U.S. Environmental Protection Agency (EPA) failed to explain adequately why the physical effects felt by some asthmatics from exposure to short-term, high-level sulfur dioxide (SO2) bursts are not a public health problem under the Clean Air Act. The case arose after EPA decl...