A district court granted the United States' motion to dismiss a Native American tribe's claims against it in connection with the government's remediation of a former uranium mill located on the Navajo Nation Reservation near Tuba City, Arizona. In 1985, the DOE and the tribe entered into a coop...

A district court granted in part a bottling company's motion to dismiss individuals' tort and state law claims against it for groundwater contamination. The individuals alleged that the company violated the terms of their wastewater discharge permit by spraying excess wastewater over a sustaine...

A district court denied environmental groups' motion to preliminarily enjoin the BLM from authorizing the site clearing and construction of a wind energy facility in Spring Valley, Nevada. The groups are not likely to succeed on the merits of their claim that an EIS was required. The BLM's deci...

A district court modified its equitable allocation of costs under §113 of CERCLA and the New Jersey Spill Act in connection with a site contaminated with TCE and other hazardous substances. The court originally allocated 65% of costs to the plaintiffs, 32% to the defendants, and 3% to the federal g...

A district court held that mining companies violated the selenium effluent limitations set forth in their state-issued NPDES and surface mining permits. The companies had sought permit modifications from the state's environmental agency, and when those requests were denied, the companies appeal...

A district court, on cross-motions for summary judgment, upheld a DOI regulation requiring oil lessees to obtain drilling permits for development and production drilling but denied both motions as to a DOI regulation setting forth new requirements for drilling in the western Gulf of Mexico. Oil...

The Ninth Circuit held that a U.S. Forest Service decision that a proposed mining operation may proceed based on the miner's notice of intent (NOI) does not constitute an "agency action" for purposes of triggering the ESA's interagency consultation obligations. The case involves the Forest Serv...

The Fourth Circuit upheld a lower court's fee award in favor of environmental groups in their CAA case against an energy company. Below, the groups moved for summary judgment on the basis that the company was violating the CAA by constructing a new major source of hazardous air pollution without f...

The D.C. Circuit denied a petition for review challenging EPA's decision granting California a waiver from federal preemption under the CAA that allows the state to implement its own regulations requiring automobile manufacturers to reduce fleet-average greenhouse gas emissions from new motor vehicl...

A district court denied two aviation associations' motions to intervene in a case asking the court to order EPA to use its authority under the CAA to regulate greenhouse gas emissions from marine vessels, aircraft, and other nonroad vehicles. The aviation associations filed the instant motions to in...