The court holds that the National Marine Fisheries Service (NMFS) violated the Endangered Species Act (ESA) by failing to prepare a biological opinion (BO) that properly addressed how the North Pacific fishery management plans (FMPs) for the groundfish fisheries in the Bering Sea and Gulf of Alaska ...

The court largely upholds a U.S. Environmental Protection Agency (EPA) rule mandating that 22 states and the District of Columbia revise their state implementation plans (SIPs) to mitigate ozone transport by reducing nitrogen oxides (NOx) through the use of cost-effective controls. The court first h...

The court upholds a district court decision ordering the upward adjustment of sentencing for three labor contractors who violated the Clean Air Act (CAA) and the Social Security Act in connection with asbestos abatement projects. The contractors recruited homeless men from a shelter in Tennessee to ...

The court holds that environmental groups have standing to bring a Clean Air Act (CAA) action against a Texas oil refinery for violating hydrogen and sulfur dioxide emission standards and further holds that a state environmental agency's administrative action against the refinery for the same violat...

The court holds that the U.S. Environmental Protection Agency's (EPA's) regulations implementing Clean Air Act (CAA) amendments properly delegated to Native American nations authority to regulate air quality on all land within reservations, including fee land held by private landowners who are not t...

The court affirms a district court decision holding that hazardous waste regulatory charges imposed by New York on federal installations operated by the U.S. Department of Energy (DOE) in New York are reasonable service charges within the meaning of Resource Conservation and Recovery Act §6001(a), ...

The court holds that U.S. Environmental Protection Agency (EPA) regulations limiting the content of volatile organic compounds (VOCs) in architectural coatings and paints under the Clean Air Act (CAA) are lawful. The court first holds that nothing in the CAA unambiguously requires EPA to analyze the...

The court denies environmental groups' motion to reopen a previous action and dismisses the groups' current action against the federal government in which the groups allege that the U.S. Navy violated the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the Marine Mamm...

The court holds that three electric utilities may maintain their breach of contract claims against the government for the failure to begin by January 1, 1998, the disposal of spent nuclear fuel waste produced at the utilities' plant as agreed to in a 1983 contract. The government conceded that it wo...

The court reverses the dismissal of a utility's breach of contract claim against the government for failing to dispose of the utility's spent nuclear waste beginning no later than January 1, 1998, as agreed to in a 1983 contract. The government notified the utility that it would be unable to begin d...