The court upholds the district court's decision to deny landowners and elected officials of the Tahoe Basin area intervention in a suit by California to challenge the adequacy of a plan by the Tahoe Regional Planning Agency to achieve certain environmental goals under the California-Nevada Tahoe Reg...

The court holds that the Environmental Protection Agency (EPA) was within its authority when it determined that a state can meet the "basic transportation needs" requirement in Clean Air Act §110(c)(5) without improving its mass transit system if commuters diverted from their cars by the required t...

The court rules that the 60-day notice requirement of §112(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for recovery of response costs by private parties from the Superfund is also a jurisdictional prerequisite to a §107 action to recover response costs ...

The court holds that a landowner is entitled to monetary damages under the Arizona Constitution for a temporary taking of property due to an invalid zoning ordinance. Absent definitive Supreme Court guidance on the subject of just compensation for a regulatory taking of property, the court holds tha...

The court rules that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not authorize preenforcement judicial review of the merits of Environmental Protection Agency (EPA) §106 orders. The court first rules that courts lack jurisdiction to review EPA's remedial ...

The court holds that consumer organizations that promote energy conservation have standing on behalf of their members in a suit to compel the National Highway Traffic Safety Administration (NHTSA) to comply with statutory deadlines for issuing fuel economy standards for light trucks, and the NHTSA's...

The court holds that a pesticide registrant's claim that the Environmental Protection Agency (EPA) unlawfully required it to change the labelling of its registered pesticide, simazine, without an adjudicatory hearing pursuant to §6 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) ...

The court holds that the Corps of Engineers arbitrarily and capriciously failed to determine whether a privately owned canal system obstructed navigable waterways when it issued the owner a permit under §10 of the Rivers and Harbors Act (RHA), but that two other permits issued under both RHA §10 a...

The court holds as ripe for judicial review a constitutional challenge to a state statute that requires the legislature's prior approval to the siting of any hazardous waste treatment or disposal facility. The court first holds that even though the legislative approval would not be required until th...

The court holds that neither Maine statutory law nor the public trust doctrine requires the state agency charged with administering the leasing of submerged lands for aquaculture to consider diminution of property values of adjoining areas. The court initially holds that it has jurisdiction over the...