A district court held unconstitutional California legislation (SB 990) that prescribes cleanup rules that apply only to a former federal nuclear research and rocket testing facility and criminalizes any sale or disposition of the property until it is cleaned up in accordance with the standards ...

A district court held that mining interests may go forward with their CWA, APA, and SMCRA claims against EPA in connection with memoranda and guidance documents concerning permitting processes for coal mining. The documents meet the criteria of final agency actions. The government's view of ...

A district court ordered EPA to promulgate emission standards for area source boilers, major source boilers, and commercial and institutional solid waste incineration units by February 21, 2011. In March 2006, the court ordered EPA to fulfill its statutory duties regarding the promulgation o...

The Ninth Circuit abandoned the "federal defendant" rule, which categorically prohibits private parties and state and local governments from intervening of right on the merits of NEPA claims. The case arose out of the U.S. Forest Service's adoption of a travel plan that designated 1,196 mile...

The Ninth Circuit reversed a lower court decision denying the award of attorney fees to an environmental group in their lawsuit against a town for discharging toxic pollutants into a bay in violation of the CWA. In that case, the court held that the town must apply for an NPDES permit for its harbor...

The Ninth Circuit held that BLM and the U.S. Forest Service did not violate the CWA, NEPA, or the National Forest Management Act (NFMA) in approving a proposed mine expansion project in the Caribou National Forest. After evaluating the data, the agencies determined that remediation efforts w...

The Ninth Circuit held that BLM and the U.S. Forest Service did not violate the CWA, NEPA, or the National Forest Management Act (NFMA) in approving a proposed mine expansion project in the Caribou National Forest. After evaluating the data, the agencies determined that remediation efforts w...

The Ninth Circuit affirmed a lower court decision that the Federal Highway Administration's (FHwA's) EIS for a new ferry terminal and highway project through a national forest in Alaska violated NEPA. Improving ferry services using existing resources is a reasonable alternative for improving transpo...

The First Circuit held that the U.S. Coast Guard violated NEPA when it issued regulations that preempt state environmental law with respect to tank vessels in Buzzards Bay, Massachusetts. In promulgating the rule, the Coast Guard used a standard environmental checklist that included prompts correspo...

A district court held that FWS complied with NEPA when it approved the opening and expansion of sport hunting in 60 National Wildlife Refuges. Between 1997 and 2005, the FWS issued nine final rules creating or expanding recreational hunting opportunities on 60 wildlife refuges. In 2006, a court...