The court dismisses an individual's appeal of a district court order dismissing his motion to vacate two Resource Conservation and Recovery Act criminal convictions and adopting a magistrate judge's report and recommendation (R&R) to dismiss the individual's habeas corpus petition. The individua...

The court denies a bankrupt environmental management company's motions to dismiss property owners' Declaratory Judgment Act (DJA) action for lack of venue and failure to state a claim. The property owners sought a judgment declaring that the company had violated the Clean Air Act when it improperly ...

The court holds that the U.S. Fish and Wildlife Service (FWS) acted in an arbitrary and capricious manner by issuing incidental take statements imposing terms and conditions on grazing permits sought by a cattle growers' association where there was either no evidence that the endangered species exis...

The court holds that it has jurisdiction to review a U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) decision upholding three EPA orders against the Tennessee Valley Authority (TVA) requiring the TVA to obtain after-the-fact permits for modifications made to many of its ...

The court vacates a district court order requiring the U.S. Army Corps of Engineers to accept dredged material in order to prevent the frustration of a consent decree designed to address water pollution problems around Detroit, Michigan. After the state revised the city's national pollutant discharg...

The court reverses the Rhode Island Supreme Court's holding that a landowner's takings claim arising from the state coastal protection agency's denial of the landowner's permit to develop coastal wetlands was not ripe, but affirms the court's holding that the landowner failed to establish a deprivat...

The court holds that an association of churches has standing to bring a Resource Conservation and Recovery Act (RCRA) citizen suit against the owner of a site contaminated with chromium, but that issues of imminent and substantial endangerment prevent granting the association summary judgment on the...

The court affirms a district court decision requiring the U.S. Fish and Wildlife Service (FWS) to prepare an environmental impact statement (EIS) and to issue a critical habitat designation for the Rio Grande Silvery Minnow within 120 days. In 1994, the minnow was listed as an endangered species. FW...

The court holds that an environmental group and a trade association lack standing to challenge the U.S. Environmental Protection Agency's (EPA's) hazardous wastewater treatment sludge rule promulgated under the Resource Conservation and Recovery Act (RCRA). The court first holds that the environment...

The court holds that a district court lacked jurisdiction under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the All Writs Act to hear landowners' land contamination claim against various corporations that owned and operated hazardous waste sites. After bein...