The court holds that the Corps' assertion of jurisdiction under §404 of the Federal Water Pollution Control Act over 17 acres of wetlands in Ocean City, New Jersey, was not arbitrary or capricious. The court holds that the record on which the Corps based its jurisdictional determination was suffici...

The court holds that three Massachusetts towns and a public interest group may not intervene in litigation over the cleanup of Boston Harbor. Two towns, Cohasset and Scituate, filed their appeal of the district court's denial of their motion to intervene too late, and Federal Rule of Appellate Proce...

The court holds that a Taiwanese regulation restricting the export of salmon is "foreign law" under the Lacey Act sufficient to trigger the Act's forfeiture provisions. The government had contended that the import violated Taiwanese law and thus violated the Lacey Act, which provides for forfeiture ...

The court rules that the Corps of Engineers' regulation limiting the scope of the review process under the National Environmental Policy Act (NEPA) for federal projects linked to private activities is entitled to deference, and holds that the Corps' decision to issue a Federal Water Pollution Contro...

The court holds that an environmental group has standing in its suit alleging that the Secretary of the Interior violated the Mineral Leasing Act of 1920 (MLA) by accepting coal lease bids below fair-market value in the Powder River Basin area of Montana and Wyoming, and the Secretary acted reasonab...

The court holds that attorney fees are appropriate in a Federal Water Pollution Control Act (FWPCA) citizen suit, but expenses incurred prior to the filing of the notice of intent to sue are not compensable. The court first holds that attorney fees are appropriate under FWPCA §505(d). Plaintiffs ac...

The court holds that plaintiffs that prevailed in a Federal Water Pollution Control Act (FWPCA) citizen suit are entitled to receive interest on their attorney fees award at the rate specified in the federal post-judgment interest statute, and supplemental fees are inappropriate. The court rejects p...

The court holds that attorney fees are appropriate in a Federal Water Pollution Control Act (FWPCA) citizen suit, and that the district court did not err in failing to reduce the lodestar amount in light of meager results. The court first holds that an attorney fee award was appropriate under FWPCA ...

The court holds that the Corps of Engineers lacks jurisdiction to require a permit under §404 of the Federal Water Pollution Control Act for development of an isolated wetland, because it failed to follow the Administrative Procedure Act's (APA's) notice and comment procedures for a memorandum that...

The court holds that the defendants, the owner and operator of a hazardous waste treatment, storage, and disposal facility, violated the Resource Conservation and Recovery Act (RCRA) by placing hazardous waste in unlined landfill cells. The court first holds that a triable issue of fact exists as to...