The court holds that the Mine Safety and Health Administration (MSHA) is not unreasonably delaying its rulemaking to tighten standards protecting miners from exposure to the radioactive decay products of radon gas. The court first holds that it may review the claim of agency delay. Since the agency ...

The court rules that §104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes the Environmental Protection Agency (EPA) to enter private property on which hazardous substances have been disposed, utilizing an ex parte warrant, to study the site and as...

The court upholds the Environmental Protection Agency's (EPA's) determination that information about plaintiff's plant and wastewater treatment system submitted with a Resource Conservation and Recovery Act permit application was not entitled to confidentiality. The court first rules in a note that ...

The court rules that under the National Environmental Policy Act (NEPA), the Corps of Engineers and the Federal Highway Administration incorrectly ignored secondary effects from planned industrial development in deciding not to prepare an environmental impact statement (EIS) on a proposed cargo port...

The court rules that California's mining permit requirement under its Coastal Zone Management Act (CZMA) program is preempted in national forests by the Mining Law of 1872 and Forest Service regulations. The court first rules that the CZMA does not neutralize the effect of other federal laws on land...

The court holds that environmental impact statements (EISs) prepared in the early 1970s for the construction of two highways that were never built may serve for a new construction proposal, if defects in the discussion of environmental effects and alternatives are cured in a supplemental EIS, and th...

The court rules that loggers lack standing under the National Environmental Policy Act (NEPA) to seek discharge of unprofitable contracts to harvest timber on Forest Service land. The court first holds that it has jurisdiction to hear only one of the loggers' NEPA claims. The claims that a Forest Se...

The court holds that the Environmental Protection Agency's (EPA's) assessment of a $5,000 penalty for mislabeling of a tank containing Telone II in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) was supported by substantial evidence and that a two-and-one-half-year dela...

The court holds that a township's ban on the importation and storage of spent nuclear plant fuel and other radioactive waste is preempted by the Atomic Energy Act (AEA) and the Hazardous Materials Transportation Act (HMTA). The court first rules that the case is not moot, in spite of the fact that t...

The court holds it does not have jurisdiction to review a pretrial discovery protective order prohibiting the release of a report by the state of New York on chemical emissions in appellee's New Jersey smelting plant owned by appellee, and that although it does have jurisdiction to consider a petiti...