The court holds that the Secretary of the Interior's failure to respond to plaintiff's request for temporary relief from a cessation order within the five days required by the Surface Mining Control and Reclamation Act renders futile further pursuit of administrative remedies by plaintiff and make t...
The court rules that citizen actions to enforce effluent limitations in Federal Water Pollution Control Act (FWPCA) permits are not subject to the statutes of limitations that govern federal or state enforcement and grants partial summary judgment on liability to plaintiffs. Initially, the court rul...
The court holds that the Resource Conservation and Recovery Act (RCRA) does not waive federal sovereign immunity with regard to state laws establishing liability for cleanup of hazardous waste spills. Section 6001 of RCRA makes federal agencies responsible for compliance with state "requirements" re...
The court upholds the Bureau of Land Management's (BLM's) designation of Dove Springs Canyon in the California Desert Conservation Area as an off-road vehicle (ORV) free-play area as not in violation of the Federal Land Management and Policy Act (FLPMA), executive orders, or agency regulations requi...
The Supreme Court holds that the courts of appeals have initial subject matter jurisdiction to review a Nuclear Regulatory Commission (NRC) denial of a citizen petition. Atomic Energy Act §189 makes orders issued in a proceeding for the granting, suspending, revoking, or amending of a license revie...
The court holds that the passage of two years between application for and issuance of a Federal Water Pollution Control Act permit did not work a taking of plaintiff's property.
[The court has not approved this opinion for publication, and therefore it may not be cited as precedent to the court.]
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The court holds that the Secretary of Commerce violated his nondiscretionary duty under the Pelly Amendment to the Fisherman's Protective Act and the Packwood-Magnuson Amendment to the Fishery Conservation and Management Act to certify Japanese sperm whaling in violation of an International Whaling ...
The court holds that the Corps of Engineers did not exceed its authority when it denied appellants a nationwide permit under Federal Water Pollution Control Act (FWPCA) §404 for construction of an earthen dam on Wildcat Creek in Colorado based on potential adverse downstream impacts of the depleted...
The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) imposes retroactive liability for government response costs incurred before CERCLA took effect and consolidates this action for response costs and natural resource damages at the Rocky Mountain Ar...
The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes contribution among responsible parties. The court rules that federal law governs the issue, since the action is based on a federal statute. Section 107(e)(2) of CERCLA expressly preserv...