The court holds that the U.S. Forest Service did not violate the National Environmental Policy Act (NEPA) or the National Forest Management Act in its adoption of a grazing plan for the Fort Pierre National Grasslands in Nebraska. A grazing district challenged the Forest Service's plan, claiming tha...

The Sixth Circuit affirms a district court judgment upholding the Interior Board of Land Appeals' (IBLA's) decision that a mining company violated federal Surface Mining Control and Reclamation Act (SMCRA) regulations requiring the elimination of cliff-like rock walls known as "highwalls" at its sur...

The court holds that the best available retrofit technology (BART) provisions of the U.S. Environmental Protection Agency's (EPA's) regional haze rule violate the Clean Air Act (CAA), but that the rule's natural visibility goal and no degradation requirement do not. The regional haze rule calls for ...

The court denies an industry association's petition to review the U.S. Environmental Protection Agency's (EPA's) denial of the association's Clean Air Act (CAA) §112(b)(3) petition to delete methanol from the CAA list of hazardous air pollutants (HAPs). The association's petition to delist methanol...

The court holds that the U.S. Environmental Protection Agency (EPA) did not abuse its discretion or act arbitrarily or capriciously in invalidating a state-granted prevention of significant deterioration (PSD) permit and finding that a state environmental agency's best available control technology (...

The court holds that a gas and electric company violated the Clean Air Act (CAA) by failing to obtain a preconstruction permit before making modifications to its facility even though there were no actual increases in emissions of pollutants after the changes were made. Based on the CAA and its imple...

The court affirms a district court decision denying residents' request to preliminarily enjoin a U.S. Army Corps of Engineers' (the Corps') permit allowing the use of federal waters and wetlands for construction of an electric-generating plant in Athens, New York, near the banks of the Hudson River....

The court holds that the U.S. Environmental Protection Agency's (EPA's) approval of Georgia's state implementation plan (SIP) mooted environmental groups' claims that Atlanta's motor vehicle emissions budget (MVEB) was not adequate for transportation conformity. In 2001, Georgia submitted to EPA a p...

The court holds that the citizen suit provision of the Surface Mining Control and Reclamation Act (SMCRA), §520(f), provides a federal cause of action for the recovery of damages resulting from violation of state regulations that are a part of the state's surface coal mining and reclamation regulat...

The court holds that the U.S. Forest Service implementation of interim resource conservation policies in nine national forests was not arbitrary or capricious and did not violate the National Forest Management Act (NFMA) or the National Environmental Policy Act (NEPA). The Forest Service developed i...