The bankruptcy court holds that it cannot remove from state court an action for cleanup of hazardous wastes initiated under state environmental laws, and dismisses a voluntary petition for bankruptcy as a result of pending cleanup action in state and federal court. The court first holds that it has ...

The court holds that an addendum to the Department of Agriculture's environmental impact statement (EIS) on the gypsy moth eradication program brought the EIS' worst-case analysis into compliance with the National Environmental Policy Act's (NEPA's) readability requirement. The court therefore lifts...

The court holds that the Secretary of the Interior's denial of preference rights leases for phosphate mining in Soceola National Forest in Florida, was proper where the cost of reclaiming mined lands would be prohibitively high. The court initially reviews the laws regulating phosphate mining leases...

The court holds that plaintiffs suing on behalf of an endangered species are not entitled to summary judgment on their claim that mouflon sheep threaten the Palila's critical habitat. The court initially holds that the word "harm" in the definition of "taking" in the Endangered Species Act is not li...

A unanimous Court holds that the Bald and Golden Eagle Protection Act (Eagle Protection Act) abrogates rights granted in an 1858 treaty to the Yankton Sioux Tribe to hunt bald and golden eagles on the Yankton reservation for noncommercial purposes, and that defendant may not assert treaty hunting ri...

The court holds that the Federal Aviation Administration's (FAA's) decision to approve Chicago's O'Hare Airport Layout Plan was reasonable and supported by substantial evidence under the National Environmental Policy Act (NEPA), the Airway and Airport Improvement Act (AAIA), and the Clean Air Act, a...

The court holds that the Environmental Protection Agency's (EPA's) regulations allowing indirect dischargers to receive "removal credits" for toxic pollutants removed by publicly owned treatment works (POTWs) fail to meet the statutory requirements of §307(b)(1) of the Federal Water Pollution Contr...

The court holds that the district court did not abuse its discretion when it granted the United States' motion to dismiss without prejudice its action under §106 of the Comprehensive Environmental Response, Compensation, and Liability Act to compel appellants to remove polychlorinated biphenyls (PC...

In a prosecution for unlawful transport of hazardous waste under §3008(d) of the Resource Conservation and Recovery Act (RCRA), the court holds that the government need not prove defendant knew paint waste was a hazardous waste or about disposal sites' permit requirements and thak knowledge of a sp...

The court holds that the operator of a chicken-processing plant discharging wastewater into a city-owned treatment works and a private resident user do not have standing under the Administrative Procedure Act to block disbursal of an Environmental Protection Agency grant for expansion of the treatme...