The court holds that the Secretary of Commerce complied with the Magnuson-Stevens Fishery Conservation and Management Act in setting commercial harvest quotas for Atlantic sharks in its fishery management plan (FMP) for 1997, but violated the Regulatory Flexibility Act (RFA) in determining that the ...

The court holds that the Federal Energy Regulatory Commission's (FERC's) decision to approve a city's application to amend a hydroelectric power license did not violate the National Environmental Policy Act (NEPA) or the Federal Power Act (FPA). The application proposed the running of a 9.6-mile pow...

The court dismisses a power company's petitions for review of two preamble statements made by the U.S. Environmental Protection Agency (EPA) in conjunction with a proposed rule concerning state authorization of Resource Conservation and Recovery Act (RCRA) corrective action programs at interim statu...

The court holds that the Bureau of Reclamation violated the Endangered Species Act (ESA) by renewing water supply contracts with several water districts in California before consulting with the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS). The districts rely ...

The court holds that an intraagency memorandum discussing the U.S. Army Corps of Engineers' proposal to protect the pallid sturgeon in Missouri is exempt from Freedom of Information Act (FOIA) disclosure under the deliberative process privilege. The court first holds that the sturgeon memo is protec...

The court holds that a landowner cannot recover from previous site owner petroleum contamination cleanup costs it incurred after it invoked Resource Conservation and Recovery Act (RCRA) §7002's statutory process for bringing a citizen suit. The court first holds that a private party cannot recover ...

The court holds that New York's zero emission vehicle (ZEV) sales requirement for model years 1998-2002 is preempted by Clean Air Act (CAA) §209. The court first holds that the ZEV sales requirement must be considered a standard "relating to the control of emissions" and is, therefore, within the p...

The court holds that a Florida county's Endangered Species Act (ESA) §10 incidental take permit does not authorize it to take protected sea turtles through purely mitigatory measures associated with artificial beachfront lighting. The court first holds that the county lacks the U.S. Fish and Wildli...

The court holds that the U.S. Environmental Protection Agency (EPA) does not have the authority to impose its own separate enforcement penalties on a Missouri corporation after the corporation and an authorized state agency negotiated a state court-approved settlement for Resource Conservation and R...

The court holds that bankruptcy discharges a state environmental agency's environmental liability claims against an oil company believed to be the successor to the owner of an abandoned oil site where hazardous substances had been released. The court first holds that the state agency's environmental...