Jurisdiction

The Fifth Circuit held that notices of violations EPA sent to two power plant operators for alleged CAA violations were not "final agency action" and, hence, not subject to judicial review. In the…

The court upholds a district court dismissal for lack of subject matter jurisdiction of recreational groups' claims that the U.S. Forest Service violated the U.S. Constitution and the…

The court holds that a railroad's motion to dismiss a power company's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action against it for lack of…

The court holds that the U.S. Environmental Protection Agency's (EPA's) decision to implement the direct federal underground injection control (UIC) program on certain New Mexico lands based on…

The court holds that a district court has jurisdiction under the Quiet Title Act (QTA) to review an Interior Board of Land Appeals' (IBLA's) decision that a Native American's claim for an…

The court dismisses environmental groups' motion to enjoin the sale of a former bus depot in the South Bronx, New York. The sale is part of a plan to develop a former rail yard adjacent to the…

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts a citizens group's private state-law nuisance action against a contractor hired by…

The Court holds that a landfill constructed on land ceded from the Yankton Sioux Reservation in South Dakota by an 1894 Act that diminished the boundaries of the reservation is not subject to…