The court holds that the ability to use a river in a recreational manner should be considered in determining whether the river is navigable-in-fact in a trespass case against kayakers and canoers…

The court holds that a state environmental agency did not have a duty to ascertain the accuracy of the location of wetlands on developers' property. The court first holds that the duty to…

The court holds that a local air pollution control agency cannot seek civil penalties from a U.S. Air Force base for past violations of the Clean Air Act (CAA) and state law. The court first holds…

The court holds that an environmental group is not entitled to a preliminary injunction suspending a proposed retail development's construction permit and ordering the U.S. Army Corps of…

The court holds that it lacks subject matter jurisdiction to review environmental groups' Federal Water Pollution Control Act (FWPCA) citizen suit against a mining company allegedly…

The court holds that the Outer Banks Protection Act's (OBPA's) temporary moratorium on oil exploration did not cause the United States to breach outer continental shelf (OCS) oil and gas…

The court holds that the federal government's reallocation of a Native American tribe's excess water supply to a second tribe did not constitute a taking of irrigation districts'…

The court upholds five general permits issued by the U.S. Army Corps of Engineers authorizing the filling of wetlands for a broad range of development activities in Anchorage, Alaska. The court…

The court holds that a district court should have used the lodestar approach in awarding an environmental group attorney fees under Federal Water Pollution Control Act §505. The court first holds…

The court holds that a city violated the Federal Water Pollution Control Act (FWPCA) by discharging sludge from its wastewater treatment facility without an operating permit. The court first holds…