The court holds that the U.S. Department of Energy (DOE) fulfilled its statutory obligations under the Nuclear Waste Policy Act (NWPA) to ensure that Nevada had sufficient funds enabling it to perform essential nuclear waste dump oversight activities at Yucca Mountain, Nevada. The court first holds ...

The court holds that the Bureau of Reclamation violated the Endangered Species Act (ESA) by renewing water supply contracts with several water districts in California before consulting with the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS). The districts rely ...

The court holds that a landowner cannot recover from previous site owner petroleum contamination cleanup costs it incurred after it invoked Resource Conservation and Recovery Act (RCRA) §7002's statutory process for bringing a citizen suit. The court first holds that a private party cannot recover ...

The court holds that New York's zero emission vehicle (ZEV) sales requirement for model years 1998-2002 is preempted by Clean Air Act (CAA) §209. The court first holds that the ZEV sales requirement must be considered a standard "relating to the control of emissions" and is, therefore, within the p...

The court holds that bankruptcy discharges a state environmental agency's environmental liability claims against an oil company believed to be the successor to the owner of an abandoned oil site where hazardous substances had been released. The court first holds that the state agency's environmental...

The court holds unripe for review the Interior Board of Land Appeals' (IBLA's) ruling that the Office of Surface Mining Reclamation and Enforcement (OSM) lacks jurisdiction to order a mining company to reduce acid mine drainage seeping from a mining operation in West Virginia. The IBLA ruled that th...

The court denied a petition to review the U.S. Environmental Protection Agency's (EPA's) approval of a revision to Missouri's state implementation plan (SIP) that replaced four area-specific fugitive dust regulations with one, consistent statewide rule. The court first holds that the state environme...

The court holds that an electric utility lacks standing to petition for review a U.S. Environmental Protection Agency (EPA) final rule approving a revision to the new source review program of Pennsylvania's Clean Air Act (CAA) state implementation plan (SIP). The state's new source review program is...

The court holds unlawful a U.S. Department of Commerce fishing quota that allocates the summer catch of scup on a state-by-state basis for Massachusetts, New York, and Rhode Island. Massachusetts argued that the quota was based on incomplete historical data that reflected only scup landings from lar...

The court holds that a district court abused its discretion by abstaining from hearing property owner's Resource Conservation and Recovery Act (RCRA) claims against two petroleum companies. The court first holds that Florida's underground storage tank (UST) program is preempted to the extent there i...