The court affirms a district court holding that the U.S. Army Corps of Engineers' supplemental environmental impact statement (SEIS) for a flood control project on the Mississippi River satisfied the National Environmental Policy Act (NEPA). The court first holds that the Corps' SEIS satisfied NEPA'...

The court grants Rhode Island's motion to preliminarily enjoin proceedings before the U.S. Department of Labor (DOL) in which several state employees sought damages and other relief against the state for allegedly violating the Solid Waste Disposal Act's whistleblower protection provision. The court...

The D.C. Circuit upheld the Federal Communication Commission's (FCC's) refusal to undertake rulemaking tightening the restrictions governing the nonthermal effects of radiofrequency radiation. The FCC's decision not to initiate an inquiry neither violated the National Environmental Policy Act (NEPA)...

A district court preliminarily enjoined a U.S. Department of Agriculture (USDA) regulation—scheduled to go into effect on March 7, 2005—that lifts a ban on the importation of live cattle and edible bovine products from Canada for human consumption. There are numerous procedural and substantive s...

The court holds that the U.S. Forest Service's (Forest Service's) decision to allow certain salvage timber sales was exempt from administrative appeal pursuant to regulations in effect before the enactment of the Appeals Reform Act (ARA). The regulation at 36 C.F.R. §217.4 provided that decisions ...

The court holds that it lacks jurisdiction to hear a citizen group's request for a preliminary injunction against the U.S. Nuclear Regulatory Commission (NRC) to prevent further implementation of the early component removal plan for decommissioning the Yankee Rowe nuclear power plant and to enjoin t...

The court holds that a district court lacked jurisdiction over a parent corporation's challenge to a pending U.S. Nuclear Regualatory Commission (NRC) hearing to determine whether the company was liable for cleanup costs at the facility of its subsidiary, which is an NRC licensee. The NRC attempted ...

The court holds that the U.S. Department of Transportation (DOT) acted within the scope of its discretion in issuing a regulation that established a rebuttable presumption that loose closures on railroad tank cars transporting hazardous materials result from the shipper's failure to conduct a proper...

The court holds that a Michigan confined disposal facility (CDF) run by the U.S. Army Corps of Engineers (the Corps) must accept dredged materials that were accumulated to determine the environmental impacts that the construction of a combined sewer overflow (CSO) retention basin will have on a cree...

The court denies a California public utility's petition for a writ of mandamus staying various aspects of a Federal Energy Regulatory Commission (FERC) order addressing the crisis surrounding California's restructuring of its electricity market, and denies a city's petition for mandamus ordering FER...