In denying a petition for review, the Tenth Circuit held that the NRC did not violate the Atomic Energy Act (AEA) or NEPA when it issued a license to a company to conduct in situ leach mining for uranium on four sites in northwest New Mexico. In issuing the license, NRC interpreted its regulations t...

The court affirmed a lower court's grant of summary judgment in favor of a power company charged with modifying its power plants without first obtaining permits in violation of the Clean Air Act's (CAA's) prevention of significant deterioration (PSD) provisions. The company updated its coal-fired ge...

The court vacates the U.S. Environmental Protection Agency's equipment replacement provision (ERP) rule, which expanded the routine maintenance, repair, and replacement exclusion from new source review (NSR) requirements by allowing sources to avoid NSR when replacing equipment that does not exceed ...

The D.C. Circuit granted in part environmental groups' petition for review of a final rule promulgated by the U.S. Environmental Protection Agency (EPA) to regulate "hot spot" analyses undertaken as part of the State Implementation Plan for National Ambient Air Quality Standards transportation proje...

The court dismisses a property owner's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), Federal Water Pollution Control Act (FWPCA), and state common-law claims against prior owners of the property and a state agency for r...

The court upholds a Federal Aviation Administration (FAA) rule that was promulgated pursuant to the Overflights Act and designed to reduce aircraft noise from sight-seeing tours in the Grand Canyon National Park. The Act required the Secretary of the Interior, via the National Park Service (NPS), to...

The court holds that a district court erred in ruling that Florida is entitled to Eleventh Amendment immunity in a limitation of liability proceeding, but it correctly dismissed the Oil Pollution Act of 1990 (OPA) and Florida Pollution Discharge Prevention Act claims brought against the owners of th...

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 Engineers to prepare an environmental impact statement (EIS) addressing the development's impact on flooding. The...

The court upholds as reasonable and fair a settlement agreement in a citizen suit challenging the federal government's failure to perform Federal Water Pollution Control Act (FWPCA) duties concerning mountaintop mining in West Virginia. The agreement purported to settle environmental groups' claims ...

The court holds a landowner liable under the Federal Water Pollution Control Act (FWPCA) for discharging polluted stormwater without a permit into a stream on his property that flows into ponds on his neighbors' property. The discharges occurred when the landowner was harvesting timber and developin...