The court upholds a U.S. Department of Interior Board of Land Appeals (IBLA) determination that a company's failure to file a stipulation of entry rendered its mining claims null and void ab initio. When the Secretary of the Interior opened certain lands to mining claims in 1954, he required that a ...

The court holds that property owners could proceed under either a general or alternative liability theory in a Resource Conservation and Recovery Act (RCRA) suit against former operators of a gasoline station on their property. The court first holds that it does not possess enough information to mak...

The court dismisses a power company's petitions for review of two preamble statements made by the U.S. Environmental Protection Agency (EPA) in conjunction with a proposed rule concerning state authorization of Resource Conservation and Recovery Act (RCRA) corrective action programs at interim statu...

The court denies a coalition's petition for review of the U.S. Environmental Protection Agency's (EPA's) final rule establishing the circumstances in which military munitions are deemed hazardous wastes under the Resource Conservation and Recovery Act (RCRA). The court first holds that a trade assoc...

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 a Florida county's Endangered Species Act (ESA) §10 incidental take permit does not authorize it to take protected sea turtles through purely mitigatory measures associated with artificial beachfront lighting. The court first holds that the county lacks the U.S. Fish and Wildli...

The court holds that the U.S. Environmental Protection Agency (EPA) does not have the authority to impose its own separate enforcement penalties on a Missouri corporation after the corporation and an authorized state agency negotiated a state court-approved settlement for Resource Conservation and R...

The court holds that an individual who suffered aesthetic injuries while observing captive animals living under inhumane conditions at a zoo has standing to challenge U.S. Department of Agriculture (USDA) regulations as violating the Animal Welfare Act (AWA). The court first holds that the individua...

The court holds that a canning company may seek cleanup and abatement costs from the former owner of its canning operation site under the Resource Conservation and Recovery Act (RCRA). The court first holds that the canning company's post-filing cleanup costs are not clearly barred by RCRA. Although...