The court holds that the Corps of Engineers' supplemental environmental impact statement (SEIS) for the Elk Creek Dam project in Oregon is deficient because its wildlife mitigation plan is incomplete, it fails to take into account new information acquired since the original EIS was prepared, and fai...

Upholding the district court's issuance of a preliminary injunction, the court rules that §202(d) of the Federal Land Policy and Management Act (FLPMA) requires that termination of public land classifications must be consistent with resource management plans, and that §309(e) requires public parti...

The court holds that defendant's construction of a plant on the site of an existing source was not a major modification requiring a prevention of significant deterioration (PSD) permit under the Clean Air Act since the existing source identified by the Environmental Protection Agency (EPA) in its no...

In an unpublished opinion, the court rules that the Bald and Golden Eagle Protection Act's (BGEPA's) permit system for the taking and transporting of eagle parts does not violate the First Amendment's protection for the free exercise of religion. The United States instituted a forfeiture proceeding ...

The court holds that two defendants that were responsible for the use of a landfill contaminated with chromium at a residential development site are jointly and severally liable for a municipal corporation's costs in excavating and removing the contaminated material. The court initially holds that p...

The court invalidates the Environmental Protection Agency's (EPA's) emergency suspension of the pesticide dinoseb, and rules that §6(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizes district court review of an emergency suspension order even where an administrativ...

The court holds that the Federal Aviation Administration (FAA) did not violate the Noise Control Act by failing to provide a detailed explanation for its decision not to require certified airport operators to submit aircraft noise abatement plans. The Environmental Protection Agency (EPA), as mandat...

The court holds that a permit issued by a local water district to allow construction of a condominium complex on an island in Lake Okeechobee is contrary to Florida law. Florida's Land and Water Adjudicatory Commission rescinded the permit, holding that the Commission had jurisdiction to review the ...

The court holds that where the Secretary of the Interior knows in advance of the transfer of title that an animal to be adopted pursuant to the Wild Free-Roaming Horses and Burros Act will be exploited for commercial purposes, he has an affirmative duty to refuse to transfer title. The one-year wait...

The court holds that it does not have personal jursidiction under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or the United States Constitution over a Massachusetts newspaper whose waste ink was disposed of at a Delaware hazardous waste site. The court first ho...