The court holds that the Secretary of Commerce's adoption of a fishery conservation amendment to the Northeast Multispecies Fishery Management Plan does not violate the Magnuson Act or the Regulatory Flexibility Act (RFA). The amendment sets annual allowable catch targets for regulated species, orch...

The court holds that the U.S. Forest Service policy of leaving game "baiting" regulation in the National Forest System to the states complies with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). The court first holds that the adoption of the new policy is not a maj...

The court holds that under Ohio law, the doctrine of res judicata bars property owners' Resource Conservation and Recovery Act (RCRA) suit against the property's seller for leaving gasoline buried in the soil. The owners filed their RCRA suit in federal court after they litigated contract and fraud ...

The court upholds the U.S. Environmental Protection Agency's (EPA's) redesignation of five parcels of tribal land as a nonfederal Class I area under the Clean Air Act (CAA) prevention of significant deterioration (PSD) program. The court first holds that Arizona's chamber of commerce lacks standing ...

The court holds that trade associations' action for judicial review of a U.S. Environmental Protection Agency (EPA) rule permitting the use of "any credible evidence" to prove or disprove Clean Air Act (CAA) violations is not ripe for review. The heart of the associations' argument is that the credi...

The court upholds the U.S. Army Corps of Engineers' decisions to deny permits that would have allowed landowners to build camp structures on their property in the Atchafalaya floodway in Louisiana. The landowners purchased their property subject to a perpetual flowage, channel, and disposal easement...

The court holds that it lacks jurisdiction over a building association's appeal of a decision upholding the U.S. Fish and Wildlife Service's (FWS') listing of four species of fairy shrimp as endangered or threatened under the Endangered Species Act. The district court granted partial summary judgmen...

The court holds that environmental organizations have standing to assert an Endangered Species Act (ESA) §9 claim against a lumber company whose timber harvesting operations are allegedly causing the take of coho salmon. The court first holds that the organizations have satisfied each of the elemen...

The court holds that the Resource Conservation and Recovery Act (RCRA) bars a current property owner's claim for cleanup costs against the property's former owner. The current owner filed a claim for injunctive relief against the former owner, and then proceeded to clean up the property before relie...

The court holds that although a subpoena duces tecum issued by a manufacturer against the U.S. Environmental Protection Agency (EPA) to produce certain discovery documents in a lawsuit in which it was not a party is barred by sovereign immunity, the Administrative Procedure Act (APA) waives that imm...