The court holds that the Bureau of Land Management's (BLM's) decision to manage certain public domain lands for high-intensity timber harvesting does not violate the Federal Land Policy Management Act's mandate that BLM manage its lands for multiple use. The court first holds that the six-year statu...

The court holds that the Corps of Engineers' failure to prepare an environmental impact statement (EIS) for its renewal of shell dredging permits was not substantially justified under the Equal Access to Justice Act (EAJA), but the district court must reconsider whether Louisiana's participation in ...

The court holds a landfill operator's challenge to the Illinois Environmental Protection Agency's (IEPA's) decision to deny a vertical expansion permit was timely and that a vertical expansion of an existing landfill requires local governmental approval. The court holds that a landfill operator's pe...

The court holds that the Environmental Protection Agency's (EPA's) pretreatment regulations defining "interference" and "pass through" are not inconsistent with the Federal Water Pollution Control Act (FWPCA). FWPCA, as interpreted in earlier case law, does not require that industrial discharges int...

The court holds that in a criminal prosecution of unpermitted and unreported hazardous waste dumping under Resource Conservation and Recovery Act (RCRA) §3008(d)(2)(A) and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §103(b)(3), there was sufficient evidence of gu...

The court holds that the district court properly abstained from deciding a developer's challenge to a county's refusal to allow residential development on a portion of the developer's land pursuant to the Chesapeake Bay Critical Area Protection Program. The county decided that the subdivision plat d...

The court holds that a developer's challenge to a county's refusal to allow residential development on a portion of its land pursuant to the Chesapeake Bay Critical Area Protection Program is barred by the developer's prior agreement not to build on this land. The court rejects the developer's claim...

The court holds that the Environmental Protection Agency (EPA) is not required under the Clean Air Act to revise the national ambient air quality standards for sulfur oxides. The court first rules that Clean Air Act §109(d) does not impose a nondiscretionary duty on EPA to issue revised standards. ...

The court holds that Federal Rule of Civil Procedure 68, the offer of judgment rule, does not apply to citizen suits under the Federal Water Pollution Control Act (FWPCA). The rule provides that where a party rejects an offer of judgment, prevails at trial, and is awarded less than the amount of the...

The court holds that §505(a)(1) of the Federal Water Pollution Control Act (FWPCA) and the federal question statute grant federal subject matter jurisdiction over a challenge to a Corps of Engineers wetlands determination, and rules that lands filled and converted to dry land after 1975 may still b...