On remand from the Supreme Court's decision that citizen plaintiffs suing under §505 of the Federal Water Pollution Control Act must make a good-faith allegation of ongoing violation, the court concludes that plaintiffs' allegation in this case was adequate. Interpreting the Supreme Court's opinion...
The court holds that registration by the Environmental Protection Agency (EPA) of strychnine under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for above-ground use as a rodenticide violates the Administrative Procedure Act (APA), the Bald and Golden Eagle Protection Act (BGEPA), ...
The court rules that §505 of the Federal Water Pollution Control Act (FWPCA) authorizes citizen suits against the Corps of Engineers for alleged failures to perform non-discretionary obligations under its dredge and fill program, and that lands filled and converted to dry land after 1975 may still ...
The court holds that its injunction prohibiting the United States Navy from constructing a homeport in Everett, Washington, without a permit under Washington's Shoreline Management Act is dissolved, since the permit has been issued and is final for purposes of judicial review.
[The court's previous...
The court rules that the federal government has not waived its sovereign immunity under Resource Conservation and Recovery Act (RCRA) §6001 to actions brought by states for civil penalties. Waivers of sovereign immunity must be clear and unambiguous. Civil penalties are not clearly included in RCRA...
The court holds that a compliance order issued by the Environmental Protection Agency (EPA) under Clean Air Act §113(a)(3), finding a violation of the asbestos standards under §112, is not subject to judicial review. The plaintiff is an asbestos abatement contractor that performed asbestos removal...
The court holds that the New York Department of Environmental Conservation's (DEC's) failure to designate property as freshwater wetlands on a tentative map does not exempt the property from regulation under the state Freshwater Wetlands Act, and tentative designation does not constitute a taking. T...
The en banc court divides evenly on whether petitioners have standing to challenge the Environmental Protection Agency's (EPA's) new formulas for calculating automobile fuel efficiency. The court therefore reinstates the original panel decision, which affirmed in part and reversed in part EPA's rule...
The court holds that the issuance of oil and gas leases allowing some surface disturbance in a potential wilderness area must be preceded by preparation of an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA), that the no-action alternative must be considered ev...
The court holds that the Environmental Protection Agency's (EPA's) withdrawal of its proposed relisting of six hazardous smelting wastes under the Resource Conservation and Recovery Act (RCRA) was arbitrary and capricious. A 1980 RCRA amendment known as the Bevill Amendment required EPA to exclude s...