The court holds that it lacks jurisdiction over a building association's appeal of a decision upholding the U.S. Fish and Wildlife Service's (FWS') listing of four species of fairy shrimp as endangered or threatened under the Endangered Species Act. The district court granted partial summary judgmen...

The court holds that environmental organizations have standing to assert an Endangered Species Act (ESA) §9 claim against a lumber company whose timber harvesting operations are allegedly causing the take of coho salmon. The court first holds that the organizations have satisfied each of the elemen...

The court holds that the Resource Conservation and Recovery Act (RCRA) bars a current property owner's claim for cleanup costs against the property's former owner. The current owner filed a claim for injunctive relief against the former owner, and then proceeded to clean up the property before relie...

The court holds that although a subpoena duces tecum issued by a manufacturer against the U.S. Environmental Protection Agency (EPA) to produce certain discovery documents in a lawsuit in which it was not a party is barred by sovereign immunity, the Administrative Procedure Act (APA) waives that imm...

The court affirms a district court order lifting a temporary restraining order and denying environmental groups' motion to permanently enjoin the construction of a new school on property that allegedly contains potential habitat for the endangered cactus ferruginous pygmy owl. The court first holds ...

The court holds that under the Clean Air Act (CAA), federal entities cannot remove to federal court state and local government actions to enforce air quality laws. A California air quality management district brought a suit against the United States in state court seeking civil penalties for a U.S. ...

The court holds that property owners and residents failed to satisfy Endangered Species Act (ESA) §11 notice requirements in their suit against the Federal Emergency Management Agency (FEMA) concerning an emergency housing project's alleged taking of endangered and threatened turtle species, but th...

The court holds that the U.S. Environmental Protection Agency's (EPA's) use of the toxicity characteristic leaching procedure (TCLP) to measure compliance with the Resource Conservation and Recovery Act (RCRA) treatment standard for spent potliner is arbitrary and capricious. Spent potliner is a byp...

The court vacates two Court of International Trade orders that were issued after an environmental group withdrew its motion to enforce the Court of International Trade's ruling pertaining to the enforcement of turtle excluder device regulations under §609 of the U.S. Departments of Commerce, Justic...

The court holds that the Equal Access to Justice Act (EAJA) applies to a mining claim contest proceeding concerning the validity of miners' mining and milling site claims in the Payette National Forest. The court first holds that the Administrative Procedure Act, 5 U.S.C. §554, governs the mining c...