The court holds unripe for review the Interior Board of Land Appeals' (IBLA's) ruling that the Office of Surface Mining Reclamation and Enforcement (OSM) lacks jurisdiction to order a mining company to reduce acid mine drainage seeping from a mining operation in West Virginia. The IBLA ruled that th...
The court denied a petition to review the U.S. Environmental Protection Agency's (EPA's) approval of a revision to Missouri's state implementation plan (SIP) that replaced four area-specific fugitive dust regulations with one, consistent statewide rule. The court first holds that the state environme...
The court holds that an electric utility lacks standing to petition for review a U.S. Environmental Protection Agency (EPA) final rule approving a revision to the new source review program of Pennsylvania's Clean Air Act (CAA) state implementation plan (SIP). The state's new source review program is...
The court holds that the National Marine Fisheries Service's (NMFS') decision not to list the Oregon Coast evolutionary significant unit (ESU) of coho salmon as threatened under the Endangered Species Act (ESA) was arbitrary and capricious and was based on an erroneous legal standard. The court firs...
The court holds unlawful a U.S. Department of Commerce fishing quota that allocates the summer catch of scup on a state-by-state basis for Massachusetts, New York, and Rhode Island. Massachusetts argued that the quota was based on incomplete historical data that reflected only scup landings from lar...
The court holds unlawful U.S. Environmental Protection Agency (EPA) regulations that allow both local approval and federal funding of transportation projects that fail to satisfy the Clean Air Act's (CAA's) state implementation plan (SIP) conformity requirements. The court first holds that the EPA r...
The court denies New Mexico's request for a preliminary injunction and construction of a 1992 injunction to prevent shipments of waste to the waste isolation pilot plant (WIPP) in that state. The court first holds that the state cannot prove a likelihood of success on the merits. A previous injuncti...
The court upholds a U.S. Environmental Protection Agency (EPA) rule that allows the Agency to issue variances from general Resource Conservation and Recovery Act (RCRA) treatment standards if such standards would likely discourage aggressive remediation of previously disposed of hazardous waste. The...
The court holds that a district court abused its discretion by abstaining from hearing property owner's Resource Conservation and Recovery Act (RCRA) claims against two petroleum companies. The court first holds that Florida's underground storage tank (UST) program is preempted to the extent there i...
The court affirms a district court's grant of summary judgment in favor of the U.S. Department of Commerce (DOC), finding that its denial of Connecticut's petition for rulemaking under the Magnuson-Stevens Act was not arbitrary or capricious and was consistent with all relevant law. Connecticut soug...