Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

Polcha v. AT&T Nassau Metals Corp.

The court grants a motion to remand to state court a case in which an individual alleged only state, common-law causes of action arising from the disposal of hazardous materials. Plaintiff alleged causes of action for negligence, strict liability, nuisance, trespass, intentional infliction of mental...

Thermalkem, Inc. v. EPA

The court holds that it lacks jurisdiction to review the U.S. Environmental Protection Agency (EPA) Environmental Appeals Board's (EAB's) dismissal of an appeal of an EPA decision that denied a facility's request to amend its Resource Conservation and Recovery Act (RCRA) permit application. A corpor...

Alaska Ctr. for the Env't v. Armbrister

The court holds that the Federal Highway Administration (FHwA) complied with Department of Transportation Act (DOTA) §4(f) and the National Environmental Policy Act (NEPA) when it approved the construction of an access road from Portage to Whittier, Alaska. The court first holds that the FHwA did n...

Sierra Club v. U.S. Fish & Wildlife Serv.

The court holds that the U.S. Fish and Wildlife Service's and the National Marine Fisheries Service's failure to designate critical habitat for the Gulf sturgeon was arbitrary and capricious. Relying on the definitions of the destruction/adverse modification and jeopardy standards in 50 C.F.R. §402...

Ten Taxpayer Citizens Group v. Cape Wind Assocs., LLC

The First Circuit upheld the dismissal of a citizens group's lawsuit challenging the construction of a meteorological and oceanographic data tower in Nantucket Sound. The tower was built in the outer continental shelf and is clearly outside Massachusetts' territorial jurisdiction. In 1986, however, ...

Headwaters, Inc. v. U.S. Forest Serv.

The Ninth Circuit vacated its earlier decision in which it affirmed a lower court's dismissal of an environmental group's National Environmental Policy Act and National Forest Management Act challenges to U.S. timber sales on res judicata grounds, and reversed and remanded the case for full consider...

Texas Indep. Producers & Royalty Owners Ass'n v. EPA

The court dismisses a petition for review of a U.S. Environmental Protection Agency general permit for stormwater discharges from construction activities. The petition was brought by organizations representing individuals in the oil and gas industries. Because the Energy Policy Act of 2005 expressly...

Environmental Defense v. EPA

The court denied an environmental group's petition for review of a U.S. Environmental Protection Agency (EPA) rule that implemented the prevention of significant deterioration (PSD) program for nitrogen oxides (NOx) under the Clean Air Act (CAA). The court remanded an earlier version of the rule in ...

Limerick Ecology Action v. NRC

The court holds that that the Nuclear Regulatory Commission's (NRC's) finding of adequate protection of public health and safety under the Atomic Energy Act (AEA) does not preclude the need for further consideration under the National Environmental Policy Act (NEPA). A local citizens' group and an i...

Newell v. Baldrige

The court upholds an administrative appeals board decision to impose penalties for importing Hawksbill sea turtles in violation of the Endangered Species Act (ESA). The court holds that the finding of ESA violations is supported by substantial evidence as required by §11(a) of the Act. While the co...