The court denies a property owner's petition to review the Federal Energy Regulatory Commission's (FERC's) authorization of the construction of a pipeline that would traverse part of the owner's historic property. The court first holds that it has jurisdiction to hear the claim. Although the landown...

The court holds that a U.S. Forest Service regulation governing special use permits for gatherings of 75 people or more does not violate the U.S. Constitution. The court first holds that the regulation constitutes neither a facially invalid prior restraint nor a facially invalid time, place, or mann...

The court upholds a district court determination that the Animal and Plant Inspection Service satisfied the National Environmental Policy Act (NEPA) when it prepared a supplemental environmental impact statement (SEIS) for a regulation addressing foreign pest infestation of plants and hardwoods. The...

The court affirms two Federal Communications Commission (FCC) orders that promulgated guidelines for health and safety standards for radio frequency radiation. In addition to health and safety requirements, the guidelines streamlined procedures for meeting requirements under the National Environment...

The court upholds a Federal Energy Regulatory Commission (FERC) order and denies a gas pipeline operator's petition to review FERC's decision not to hold a comparative hearing before permitting a competitor of the operator to build and operate a natural gas pipeline, and further holds that the opera...

The court upholds a Nuclear Regulatory Commission (NRC) decision denying an interest group's request to intervene in a nuclear power plant's license renewal proceeding. The court first holds that the NRC properly adopted an unavoidable and extreme circumstances test, instead of a good-cause test, to...

The court holds that the Court of Federal Claims improperly held that the Stafford Act, collateral estoppel, and a contract release barred a South Florida trailer park owner's breach of contract claim against the federal government, but the owner's taking and inverse condemnation claims were appropr...

The court holds that a district court properly granted summary judgment to the city of Philadelphia on residents' Administrative Procedure Act (APA), National Environmental Policy Act (NEPA), and National Historic Preservation Act (NHPA) claims that the city did not properly perform environmental an...

The court reverses a district court and holds that the National Oceanic and Atmospheric Administration (NOAA), the National Marine Fisheries Service, and other federal defendants violated the National Environmental Policy Act (NEPA) by preparing an untimely and inadequate environmental assessment (E...

The court denies petitions to review the Federal Energy Regulatory Commission's (FERC's) relicensing of a hydroelectric project in Maine. The petitioners argue that FERC's rejection of minimum flow requirements in a branch of the Penobscot River that is blocked from receiving water due to a dam loca...