The court holds that an electric utility lacks standing to petition for review a U.S. Environmental Protection Agency (EPA) final rule approving a revision to the new source review program of Pennsylvania's Clean Air Act (CAA) state implementation plan (SIP). The state's new source review program is...

The court holds that the National Marine Fisheries Service's (NMFS') decision not to list the Oregon Coast evolutionary significant unit (ESU) of coho salmon as threatened under the Endangered Species Act (ESA) was arbitrary and capricious and was based on an erroneous legal standard. The court firs...

The court holds unlawful a U.S. Department of Commerce fishing quota that allocates the summer catch of scup on a state-by-state basis for Massachusetts, New York, and Rhode Island. Massachusetts argued that the quota was based on incomplete historical data that reflected only scup landings from lar...

The court holds unlawful U.S. Environmental Protection Agency (EPA) regulations that allow both local approval and federal funding of transportation projects that fail to satisfy the Clean Air Act's (CAA's) state implementation plan (SIP) conformity requirements. The court first holds that the EPA r...

The court affirms a district court's grant of summary judgment in favor of the U.S. Department of Commerce (DOC), finding that its denial of Connecticut's petition for rulemaking under the Magnuson-Stevens Act was not arbitrary or capricious and was consistent with all relevant law. Connecticut soug...

The court holds that Eleventh Amendment sovereign immunity bars an environmental group's suit against a state environmental agency challenging the U.S. Fish and Wildlife Service's grant of a migratory bird depredation permit to the state agency. The court first holds that the state environmental age...

The court holds that the U.S. Department of Agriculture (USDA) violated Migratory Bird Treaty Act (MBTA) §703 when, without a permit from the U.S. Department of the Interior (DOI), it killed Canada geese during the implementation of its integrated goose management plan. The court first holds that M...

The court holds that a U.S. Environmental Protection Agency (EPA) rule establishing a bifurcated schedule for hazardous waste combustors to comply with strict new emission standards is arbitrary and capricious. The rule, promulgated under the Clean Air Act (CAA) and the Resource Conservation and Rec...

The court affirms a district court denial of summary judgment to a building industry association challenging the U.S. Fish and Wildlife Service's (FWS') listing of four species of fairy shrimp that live in vernal pools in California as endangered or threatened under the Endangered Species Act (ESA)....

The court remands the U.S. Environmental Protection Agency's (EPA's) hazardous air pollutant emission standards for hazardous waste combustors to the Agency because the standards fail to reflect the emissions achieved in practice by the best performing sources as required by the Clean Air Act (CAA)....