The Michigan Supreme Court held that a company's plan to discharge contaminated water from an environmental cleanup site in the Manistee River watershed into a previously unpolluted site in the AuSable River watershed was manifestly unreasonable and that the state agency should be held accou...

The Ninth Circuit held that BLM and the U.S. Forest Service did not violate the CWA, NEPA, or the National Forest Management Act (NFMA) in approving a proposed mine expansion project in the Caribou National Forest. After evaluating the data, the agencies determined that remediation efforts w...

A Maryland court remanded certain provisions in a general discharge permit for mining operations and concrete plants. Petitioners—the owners of mining companies and concrete manufacturing plants throughout the state of Maryland—correctly argued that the wet weather total suspended solids numeric...

The Ninth Circuit held that BLM and the U.S. Forest Service did not violate the CWA, NEPA, or the National Forest Management Act (NFMA) in approving a proposed mine expansion project in the Caribou National Forest. After evaluating the data, the agencies determined that remediation efforts w...

The Ninth Circuit affirmed a lower court decision that the Federal Highway Administration's (FHwA's) EIS for a new ferry terminal and highway project through a national forest in Alaska violated NEPA. Improving ferry services using existing resources is a reasonable alternative for improving transpo...

A district court granted the Massachusetts Department of Transportation's (MassDOT's) motion for judgment in a case involving its violation of municipal separate storm sewer system NPDES permits in the Boston area and denied an environmental group's motion for additional injunctive relief. Once a co...

The First Circuit held that the U.S. Coast Guard violated NEPA when it issued regulations that preempt state environmental law with respect to tank vessels in Buzzards Bay, Massachusetts. In promulgating the rule, the Coast Guard used a standard environmental checklist that included prompts correspo...

Massachusetts' highest court vacated a nuclear power company's action seeking a judgment declaring that state regulations governing cooling water intake structures (CWIS) exceeded the state environmental agency's authority under the commonwealth's Clean Waters Act. A lower court ruled that the ...

A district court held that FWS complied with NEPA when it approved the opening and expansion of sport hunting in 60 National Wildlife Refuges. Between 1997 and 2005, the FWS issued nine final rules creating or expanding recreational hunting opportunities on 60 wildlife refuges. In 2006, a court...

The Michigan Supreme Court vacated its previous decision at 41 ELR 20056 in which it held that a company's plan to discharge contaminated water from an environmental cleanup site in the Manistee River watershed into a previously unpolluted site in the AuSable River watershed was manife...