The First Circuit, in a case of first impression, vacated a lower court decision that it should abstain from hearing a RCRA citizen suit concerning the cleanup of contamination caused by leaking USTs at a former gasoline filling station in Puerto Rico.

The Ninth Circuit amended dicta set forth in its prior opinion at 40 ELR 20233, which held that property owners and three employees of the California Department of Fish and Game did not violate the ESA when they dug up and removed Sebastopol meadowfoam—an endangered plant species—from privately .

A district court upheld the FWS' biological opinion and the U.S. Forest Service's EIS and record of decision for the Idaho Roadless Rule.

A district court ruled in favor of the defendant in a property owners' suit seeking to recover damages, cleanup costs, and a cleanup injunction resulting from environmental contamination on their property allegedly caused by an oil company.

A district court granted a motion to transfer the West Virginia environmental agency's action against EPA and the U.S. Army Corps of Engineers challenging their permitting processes for coal mining to the D.C.