The court holds that a district court had jurisdiction and discretion to make post-appeal modifications of an injunction issued against a shipyard for Clean Water Act violations. The original injunction required the shipyard to test the water column around vessels being blasted or painted at its pie...

The court affirms a district court dismissal of a residential complex's claim that a city's municipal waste disposal ordinance violates the U.S. Commerce Clause. The ordinance requires all waste to be deposited at the city's disposal area and all city businesses and residents to have their waste col...

The court holds that a district court erred in including as "relevant conduct" for sentencing purposes an individual's sale of 118 black bear gall bladders to an undercover agent. The court first holds that the district court erred because relevant conduct under the U.S. Sentencing Guidelines must b...

The court sets aside the critical habitat designation (CHD) for the southwestern willow flycatcher because the U.S. Fish and Wildlife Service's (FWS') adoption of a baseline approach to measure the economic impact of the flycatcher CHD was an erroneous construction of the Endangered Species Act (ESA...

The court dismisses as moot a citizen suit brought under the Clean Water Act (CWA) against two cities for discharging water into the Mississippi River and related waterways without national pollutant discharge elimination system (NPDES) permits. The court first holds that the citizens' claim for inj...

The court holds that an individual lacks standing to compel the U.S. Department of Energy (DOE) to make budget requests and to reprogram existing funds for the Agency for Toxic Substances and Disease Registry's (ATSDR's) implementation of a medical monitoring program in connection with a DOE facilit...

The court dismisses for lack of jurisdiction a city's interlocutory appeal in a citizen suit brought by an environmental group alleging Clean Water Act and Clean Air Act violations by the city. A district court signed and entered the city's proposed order for an interlocutory appeal, and the parties...

The court dismisses a mining association's action challenging U.S. Department of the Interior (DOI) regulations concerning the use of a computerized database programmed to identify links between surface mining permit violators and applicants, individuals, and corporations. The association argued tha...

The court dismisses on res judicata grounds Native American tribes' claim that they did not have to provide pulp and paper mills with documents concerning the tribes' regulation under the Clean Water Act of the mills' wastewater discharge into rivers flowing through the tribes' reservations. After t...

The court dismisses for lack of subject matter jurisdiction a suit against a trucking company by an individual that alleged he suffered permanent physical injuries as a result of transporting hazardous waste for the company. The individual asserted federal question jurisdiction on the ground that hi...