The court affirms an order under § 104(e) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) granting the Environmental Protection Agency (EPA) access to defendant's land to conduct soil and groundwater tests. The court first holds that the district court did not ...

The court holds that the discharge into Lake Michigan of dead fish and fish remains by a hydroelectric power plant in its turbine generating water does not require a national pollutant discharge elimination system (NPDES) permit under the Federal Water Pollution Control Act (FWPCA). The plant has tw...

The court holds that the state of Alaska violated provisions of the Alaska National Interest Lands Conservation Act (ANILCA) giving subsistence users in federal waters in rural areas priority over commercial sport fishing. The state had issued a regulation defining "rural" as only those areas domina...

The court holds that it lacks jurisdiction under the Federal Food, Drug, and Cosmetic Act (FDCA) to review the Environmental Protection Agency's (EPA's) denial of a citizen petition to revoke the tolerance level for the pesticide daminozide. The court first holds that it has no jurisdiction under FD...

The court holds that the Secretary of the Interior may not transfer title to an animal under the Wild Free-Roaming Horses and Burros Act (WHBA) when he knows prior to the transfer that the animal will be commercially exploited by the adopter. The court first holds that plaintiff has organizational s...

The court holds that judicial review of the Environmental Protection Agency's selected remedy in an action under §106 of the Comprehensive Environmental Response, Compensation, and Liability Act that was filed prior to the enactment of the Superfund Amendments and Reauthorization Act is not limited...

The court holds that defendant is liable under §104(e) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and §3007(a) of the Resource Conservation and Recovery Act (RCRA) for failure to respond to an Environmental Protection Agency (EPA) information request conc...

The court holds that plaintiffs suing to recover damages for personal injuries allegedly resulting from exposure to polychlorinated biphenyls (PCBs) have failed to submit sufficient evidence that their injuries, if any, were caused by the PCBs. Plaintiffs live near, or work at, a railroad yard conta...

The court holds that timber companies may not intervene as defendants in an action by environmental groups challenging the Fish and Wildlife Service's FWS') decision not to place the northern spotted owl on the endangered species list. The court first holds that the companies may not intervene as of...

The court holds that the Fish and Wildlife Service's (FWS') decision not to list the northern spotted owl as a threatened or endangered species under the Endangered Species Act was arbitrary and capricious. The court first holds that the decision not to list the owl as endangered was arbitrary and c...