The court holds that preenforcement review of an Army Corps of Engineers' order directing a landowner to cease and desist the construction of a levee on wetlands is unavailable under §404 of the Federal Water Pollution Control Act. To allow parties to challenge the existence of the Corps' jurisdict...

The court holds that the National Environmental Policy Act (NEPA) does not require the Bureau of Reclamation to prepare an environmental impact statement (EIS) before periodically adjusting the flow of water from the Palisades Dam in Idaho. Idaho recreational organizations brought suit against the S...

The court holds that Nevada does not have standing to challenge the Bureau of Land Management's issuance of a right-of-way authorizing the Department of Energy to conduct site characterization studies of the Yucca Mountain area as a potential repository for high-level radioactive waste and spent nuc...

The court holds that the exhaustion of remedies doctrine does not bar a city from seeking judicial review of a federal and state regulatory decision to deny the city's request for a grant under the Federal Water Pollution Control Act to construct a local wastewater treatment plant, and that the dist...

The court holds that the district court improperly failed to increase the offense levels under the Sentencing Guidelines in sentencing a former municipal airport official who pled guilty to failing to report a release of ignitable hazardous waste under §103 of the Comprehensive Environmental Respon...

The court holds that placing acrylonitrile, a highly toxic chemical, in a rail shipment that will pass through a populated area, does not make the shipper subject to strict liability. The Illinois Department of Environmental Protection ordered a railroad switching line to take decontamination measur...

The court holds that the Environmental Protection Agency (EPA) improperly exercised its authority under §404(c) of the Federal Water Pollution Control Act (FWPCA) when it vetoed an Army Corps of Engineers' decision to allow fill activity associated with the proposed construction of a dam. County of...

In an unpublished decision, the court affirms the sentence of a corporate officer for transporting hazardous waste without a manifest in violation of the Resource Conservation and Recovery Act. The court holds that the district court did not abuse its discretion in sentencing the officer to three ye...

The court approves a partial consent decree requiring two Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) defendants to pay $1 million in return for the government's covenant not to sue for current and future response costs incurred in connection with the Odessa Chromi...

The court holds that the Environmental Protection Agency (EPA) may proceed with a Clean Air Act (CAA) enforcement action even though EPA failed to act within 60 days on a state's request to redesignate the air quality control region in which an alleged CAA violation occurred. EPA had commenced enfor...