The Ninth Circuit reversed a district court's dismissal of an environmental group's suit alleging that a power company was operating its electric-generating plant in violation of the CAA. The power company received a construction permit from EPA in 1977. In 1978, EPA incorporated best available cont...

The Sixth Circuit held that individuals may go forward with their class action suit against a cement manufacturing plant for current and future personal and real property damages, diminution in property value, and various detrimental health effects caused by the emission of toxic pollutants. The Jud...

The Seventh Circuit held that a motel owner's challenge to a city ordinance that designated its property as a potential target for acquisition is unripe. The owner's claim, whether labeled an equal protection claim or a takings claim, is subject to the special ripeness standards for constitutional p...

The Tenth Circuit upheld the dismissal of a timber company's claim challenging the U.S. Forest Service's Historical Preservation Plan (HPP) for the Medicine Wheel National Historic Landmark and Vicinity in the Bighorn National Forest. The Forest Service rejected the company's challenge to the HPP, w...

The First Circuit denied an electric company's petition for review of three Federal Energy Regulatory Commission (FERC) orders that asserted mandatory licensing authority over the company's hydroelectric project, required the company to install gauges to measure stream flow at the project, and requi...

The Fifth Circuit dismissed solid waste disposal companies' claims that local solid waste flow control ordinances violate the Commerce Clause. The companies lack standing to claim that the ordinances are facially discriminatory against out-of-state interests. The ordinances prohibit the export of an...

The Ninth Circuit held unripe nonprofit groups' action to obtain a declaration that a U.S. Department of Energy order that outlines the management of defense radioactive waste is invalid. Delayed review will not cause any real cognizable hardship, but intervention at this point would unduly interfer...

The First Circuit upheld the dismissal of an oil company's lawsuit seeking to enjoin the Puerto Rico Environmental Quality Board from imposing a fine against it for releasing fuel from a leaking underground storage tank system into the environment. Because the proceedings are ongoing before the boar...

The Federal Circuit affirms a lower court decision finding property owners' takings claim against the National Marine Fisheries Service unripe. The owners sought to harvest redwood trees on their property. After learning that the cost of an incidental take permit (ITP) under the Endangered Species A...

The Ninth Circuit upheld the Secretary of Commerce's decision to allocate a portion of the U.S. harvest of Pacific whiting to the Makah Indian Tribe. Because the "best available scientific information" supports a sliding scale method of allocation, the National Marine Fisheries Service's (NMFS') rel...