The court holds that the Bureau of Land Management's (BLM's) decision not to supplement its environmental impact statement (EIS) on timber management plans in Oregon, in light of new information on the northern spotted owl, is not reviewable under §314 of the 1987 Interior continuing budget resolut...
The court holds that the Environmental Protection Agency's (EPA's) determination that Ohio's Clean Air Act state implementation plan (SIP) is inadequate is not final EPA action subject to judicial review. EPA had found deficiencies in the SIP for sulfur dioxide emissions in Hamilton County, Ohio. Cl...
The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not give nonregistrant users of a registered herbicide the right to prevent a cancellation settlement between remaining registrant users and the Environmental Protection Agency (EPA) and force further proceedin...
The court holds that the United States government is not estopped from asserting claims against a private citizen who built a seawall in United States waters without reasonable reliance on an official's verbal representation of the Army Corps of Engineers jurisdiction under the Federal Water Polluti...
The court holds that a trade association of hazardous waste treatment firms lacks standing to bring a challenge to the Environmental Protection Agency's (EPA's) California List rule under the Resource Conservation and Recovery Act (RCRA). This rule implements RCRA §3004(d), which bans the land disp...
The court holds that defendants are liable under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the federal government's response costs at a Georgia farm site, but defendants are not liable for punitive damages. The court holds that the owner of the f...
The court holds that cost recovery under §§107 and 113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), against a Chapter 11 debtor, is excepted from the automatic stay under §362(b)(4) of the Bankruptcy Code. The United States' CERCLA suit sought recovery of...
On the government's motion for reconsideration, the court holds that six of seven defendants in a cost recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act are liable for punitive damages under §107(c)(3) for failure to comply with an Environmental Protect...
The court holds that the Environmental Protection Agency's (EPA's) guidelines under the Resource Conservation and Recovery Act (RCRA) for federal agency purchases of recycled paper products are reasonable. RCRA §6002(c)(1)(C) provides that a procuring agency is not required to purchase recycled pro...
The court holds that the Eleventh Amendment does not bar a citizen suit under the Federal Water Pollution Control Act (FWCPA) against prison officials for alleged violations of the prison's National Pollution Discharge Elimination System (NPDES) permit, even if the prison officials lacked authority ...