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Covington v. Jefferson

The Ninth Circuit holds that a district court erred in holding that residents living across from a county dump lacked standing to bring Clean Air Act (CAA) claims based on ozone degradation against a county health department and in granting the county summary judgment on the residents' Resource Cons...

Riverkeeper, Inc. v. Collins

The court holds that it lacked jurisdiction over the Nuclear Regulatory Commission's (NRC's) decision denying environmental groups' request that the licensing of two nuclear power plants in New York be conditioned on several safety-related changes in the wake of the September 11, 2001, terrorist att...

Shain v. Veneman

The Eighth Circuit upheld the dismissal of a landowner's lawsuit challenging the USDA's financing of a sewage treatment plant for lack of standing. The landowner argued that in the event of a 100-year flood, the treatment plant increases the risk of flooding on his land. The landowner, however, fail...

Rhode Island v. EPA

The First Circuit dismissed for lack of jurisdiction Rhode Island's interlocutory appeal of an EPA Environmental Appeals Board (EAB) decision denying the state's motion to intervene in an NPDES permit proceeding. As a matter of first impression in the circuit, the court held that the collateral orde...

Grand Canyon Trust v. Tucson Elec. Power Co.

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...

Olden v. Lafarge Corp.

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...

Patel v. Chicago, City of

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...

Wyoming Sawmills Inc. v. U.S. Forest Serv.

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...

Knott v. Federal Energy Regulatory Comm'n

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...