The court holds that the Federal Emergency Management Agency (FEMA) and the U.S. Fish and Wildlife Service (FWS) satisfied their Endangered Species Act (ESA) obligations concerning possible adverse affects of an emergency housing project on endangered and threatened turtle and snake species. The cou...

The court upholds the U.S. Army Corps of Engineers' decisions to deny permits that would have allowed landowners to build camp structures on their property in the Atchafalaya floodway in Louisiana. The landowners purchased their property subject to a perpetual flowage, channel, and disposal easement...

The court holds that it lacks jurisdiction over a building association's appeal of a decision upholding the U.S. Fish and Wildlife Service's (FWS') listing of four species of fairy shrimp as endangered or threatened under the Endangered Species Act. The district court granted partial summary judgmen...

The court upholds a U.S. Environmental Protection Agency (EPA) rule adding nitrate compounds to the toxics release inventory (TRI) under the Emergency Planning and Community Right-to-Know Act (EPCRA). EPA's draft guidelines for listing a chemical on the TRI provide that one consideration in a listin...

The court holds that environmental organizations have standing to assert an Endangered Species Act (ESA) §9 claim against a lumber company whose timber harvesting operations are allegedly causing the take of coho salmon. The court first holds that the organizations have satisfied each of the elemen...

The court holds that the Resource Conservation and Recovery Act (RCRA) bars a current property owner's claim for cleanup costs against the property's former owner. The current owner filed a claim for injunctive relief against the former owner, and then proceeded to clean up the property before relie...

The court upholds the U.S. Environmental Protection Agency's (EPA's) decision to add coal and oil-burning electricity-generating facilities to the list of facilities subject to toxic release inventory (TRI) reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA). ...

The court holds that although a subpoena duces tecum issued by a manufacturer against the U.S. Environmental Protection Agency (EPA) to produce certain discovery documents in a lawsuit in which it was not a party is barred by sovereign immunity, the Administrative Procedure Act (APA) waives that imm...

The court affirms a district court order lifting a temporary restraining order and denying environmental groups' motion to permanently enjoin the construction of a new school on property that allegedly contains potential habitat for the endangered cactus ferruginous pygmy owl. The court first holds ...

The court holds that under the Clean Air Act (CAA), federal entities cannot remove to federal court state and local government actions to enforce air quality laws. A California air quality management district brought a suit against the United States in state court seeking civil penalties for a U.S. ...