The court holds that the U.S. Forest Service's decision to implement land and resource management plan (LRMP) amendments prospectively, but not retroactively, does not violate the National Forest Management Act (NFMA). The court first holds that the grant of authority to amend the LRMPs includes the...

The court denies a petition challenging the U.S. Environmental Protection Agency's (EPA's) decision to grant a nitrogen oxide (NOx) reduction requirement exemption to four states abutting Lake Michigan under Clean Air Act (CAA) §182. The effect of the challenged rule is to allow the Lake Michigan s...

The court upholds a U.S. Environmental Protection Agency (EPA) rule that revised and established nitrogen oxide (NOx) emission limits for Group 1, Phase II electric utility boilers as well as Group 2 boilers under Clean Air Act (CAA) Title IV. The court first holds that in revising the limits for th...

The court dismisses an organization's petition for judicial review of an administrative law judge's (ALJ's) decision denying the organization's request to intervene in a proceeding concerning the ownership and disposition of four dolphins. The court first holds that the organization failed to exhaus...

The court holds that the Federal Aviation Administration's (FAA's) approval of the expansion of Burbank-Glendale-Pasadena Airport does not violate the National Environmental Policy Act (NEPA) or the Clean Air Act (CAA). The court first rejects the arguments made by two cities that if FAA had taken a...

The court upholds the U.S. Environmental Protection Agency's (EPA's) decision to grant California a Clean Air Act (CAA) §209(b) waiver allowing the state to enforce its own on-board emissions diagnostic device (OBD) regulations, which contain OBD antitampering provisions. The court also upholds EPA...

The court upholds a U.S. Department of Interior Board of Land Appeals (IBLA) determination that a company's failure to file a stipulation of entry rendered its mining claims null and void ab initio. When the Secretary of the Interior opened certain lands to mining claims in 1954, he required that a ...

The court holds that the Secretary of Commerce complied with the Magnuson-Stevens Fishery Conservation and Management Act in setting commercial harvest quotas for Atlantic sharks in its fishery management plan (FMP) for 1997, but violated the Regulatory Flexibility Act (RFA) in determining that the ...

The court holds that property owners could proceed under either a general or alternative liability theory in a Resource Conservation and Recovery Act (RCRA) suit against former operators of a gasoline station on their property. The court first holds that it does not possess enough information to mak...

The court affirms a district court's decision that an environmental group, alleging that the management of Lake Mead was jeopardizing the continued existence of the southwestern willow flycatcher, failed to provide the requisite notice to invoke subject matter jurisdiction under the Endangered Speci...