The court reverses the dismissal of a developer's suit against the U.S. Army Corps of Engineers (the Corps) in which it sought to compel the Corps to take action on its application to construct a span bridge under Nationwide Permit 14. The district court dismissed the claim, holding that its prior o...

A court holds that a timber company's procurement of a general permit for stormwater discharges stemming from its logging activities in Bear Creek, California, does not render an environmental group's Clean Water Act action against the company moot. The timber company failed to meet its burden to pr...

The court rejects a mining association's statutory and constitutional claims challenging a 1999 Office of Surface Mining Reclamation and Enforcement (OSM) rule defining "valid existing rights." The Surface Mining Control and Reclamation Act prohibits new surface coal mining operations on certain lan...

The court upholds the dismissal of a complaint against the U.S. Department of Energy (DOE) involving a 1986 settlement agreement that allocated refunds of crude oil overcharges. Under the agreement, the refunded overcharges would be apportioned between the parties to the settlement agreement, which ...

The court denies a motion to remand to Louisiana state court individuals' class action against a company for the alleged seepage of mercury from one of its facilities. In addition to suing the company in state court, the class filed suit against the state environmental agency for failing to monitor,...

The court holds that petitioners lack standing to challenge a Nuclear Regulatory Commission (NRC) rule that revised regulations governing the exemption standards for the transportation of radioactive material. The petitioners argue that the NRC violated the National Environmental Policy Act in prepa...

The court affirms a lower court decision denying environmental groups' motion to preliminarily enjoin a highway expansion project in Wisconsin. The groups argue that the project violates the Administrative Procedure Act, the Clean Water Act, the Federal-Aid Highway Act, and the National Environmenta...

The court dismisses as moot a chemical association's challenge to California's pesticide registration laws. The association claimed that the Federal Insecticide, Fungicide, and Rodenticide Act preempts the state registration laws, but the lower court disagreed. While the association's appeal of that...

The court holds that a lower court improperly dismissed as unripe environmental groups’ claims that the U.S. Forest Service violated the National Environmental Policy Act (NEPA) when it amended certain forest plans in the southern United States. The lower court erred in dismissing the case bec...

The court held that the Bureau of Land Management’s (BLM’s) environmental assessment (EA) for a logging project in Oregon violated the National Environmental Policy Act and that the lower court erred in dismissing the case as moot. Although the harvested trees cannot be restored, harm to old gro...