The court affirms a district court's grant of summary judgment to the Tennessee Valley Authority (TVA) on environmental groups' request for civil penalties and on its claim as to violations of the Clean Air Act's (CAA's) 20% opacity limitation occurring before May 20, 1999, but it reversed summary j...

The court reverses the dismissal of an individual's complaint against his employer under the Clean Air Act's (CAA's) whistleblower provision. The U.S. Department of Labor's Administrative Review Board (ARB) dismissed the complaint reasoning that the individual did not engage in a protected activity ...

A court partially grants the U.S. Environmental Protection Agency's (EPA's) and individuals' motions to dismiss a class action suit stemming from plaintiffs' exposure to hazardous substances in the interior of their residences, schools, and workplaces as a result of the dust and debris released from...

The court upholds the dismissal of Wyoming's constitutional, Adminstrative Procedure Act (APA), Endangered Species Act, and National Environmental Policy Act claims against the U.S. Department of the Interior for failing to initiate delisting of the gray wolf as an endangered species and for its all...

The court holds that the U.S. Fish and Wildlife Service's (FWS') decision not to designate critical habitat for the stickleback is not arbitrary and capricious, and that the FWS is not required to ensure compliance with federal and state laws before issuing an incidental take statement to a company ...

The court rejects landowners' request for a declaratory judgment challenging the U.S. Fish and Wildlife Service's (FWS') determination that their land could not legally be used for goose hunting. FWS regulations prohibit the taking of migratory birds by the aid of baiting or on or over any baited ar...

The court holds that the Migratory Bird Treaty Act (MBTA) and its implementing regulations do not preempt Arkansas regulations governing captive-reared mallard ducks. Captive-bred ducks do not fall within the MBTA's scope of federal permitting requirements, and nothing in the MBTA prohibits a state ...

The court affirmed a lower court decision denying a motion for preliminary injunction that would require the protection of mute swans under the Migratory Bird Treaty Act. The Act, which implements the migratory bird conventions, makes it unlawful to hunt or kill migratory birds native to the United ...

A district court held that the Animal and Plant Health Inspection Service (APHIS) arbitrarily and capriciously denied petitions to list certain genetically engineered varieties of grasses as noxious weeds under the Plant Protection Act. APHIS' insistence that international obligations require that p...

The court held that a U.S. Fish and Wildlife Service (FWS) incidental take statement authorizing the taking of all northern spotted owls associated with certain proposed timber harvests in the Pacific Northwest is invalid. As a result of a prior court opinion, the FWS voluntarily reinitiated consult...