The Eighth Circuit denied an environmental group's request for attorneys fees in an action stemming from violations of federal environmental laws because the group planned on keeping the money for itself. The group was originally represented by one law firm, but when the attorney representing them m...

The Seventh Circuit held that the adequacy of a "no further remediation" letter issued by the Illinois Environmental Protection Agency is an issue for the state agency to decide. Under a contract between the former owner and subsequent owner of land, the former owner would be released from all claim...

The Eleventh Circuit held that an environmental organization lacks standing to challenge the U.S. Environmental Protection Agency's (EPA's) decision not to take any enforcement action against Alabama's and Florida's Title V Clean Air Act programs. The organization argued that both programs' standing...

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 a county ordinance requiring federal and state agencies to consult and coordinate with the county board of commissioners on land use decisions and to comply with the county's interim land use plan, which purports to control acquisition of private lands by federal agencies and pr...

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 several provisions of the South Carolina Infectious Waste Management Act addressing the costs and hauling of particular wastes violate the Commerce Clause of the U.S. Constitution. The court first holds that the owner of a medical, municipal solid, and commercial nonhazardous wa...

The court holds that genuine issues of material fact regarding whether a municipal solid waste flow-control ordinance violates the Commerce Clause of the U.S. Constitution preclude summary judgment on the city's action seeking civil penalties, indemnification, and an injunction to prevent a waste ha...

The court holds that North Carolina's inverse condemnation statute preempts state commom-law claims of nuisance, trespass, and negligence, but does not preempt a statutory claim of strict liability asserted under the North Carolina Oil Pollution and Hazardous Substances Act when methane gas escaping...

The court holds that the existence of genuine issues of material fact, regarding whether the Resource Conservation and Recovery Act (RCRA) preempts a local zoning board's hazardous waste zoning ordinance that effectively prevents a cement manufacturing facility from converting to hazardous waste fue...