The court upholds the Columbia River Fish Management Plan, which allocated the harvest of salmon and steelhead among northwestern states and tribes. With regard to Idaho's challenges to the plan, the court first rules that the district court employed the proper standard of review and burden of proof...

The court holds that the Federal Aviation Administration's (FAA's) decision that the noise generated by a major new facility planned to replace Denver's Stapleton International Airport will not constitute the "use" of a nearby state park and wildlife refuge under §4(f) of the Department of Transpor...

The court reverses a district court's imposition of sanctions under Rule 11 of the Federal Rules of Civil Procedure against an attorney representing California in a case under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The district court imposed the sanctions...

The court rules that a U.S. Fish and Wildlife Service (FWS) regulation promulgated under the Marine Mammal Protection Act (MMPA) is consistent with Congress' intent to protect native Alaskan subsistence hunting and a limited economy and is not unconstitutionally vague. Although the MMPA provides nat...

The court holds that a Michigan village ordinance imposing registration, posting, and notice requirements for commercial pesticides is implicitly preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). That FIFRA does not expressly preempt the village ordinance does not necessa...

The court holds that a hazardous waste site operator is not entitled to a stay of the court's permanent injunction for violations of the Resource Conservation and Recovery Act (RCRA) to allow it to accept additional hazardous waste pending appeal. The court holds that defendant has not demonstrated ...

The court holds that an environmental group that successfully intervened in a Resource Conservation and Recovery Act (RCRA) action by the Environmental Protection Agency (EPA) against a hazardous waste disposal facility is entitled to attorney fees. The court first holds that the environmental group...

The court holds that an environmental group is entitled to attorney fees under the Equal Access to Justice Act (EAJA) for their successful challenge to a Corps of Engineers' wetlands determination under the Federal Water Pollution Control Act (FWPCA). The court first holds that plaintiffs are not en...

The court holds that plaintiffs are entitled to $74,973 in interim attorney fees under the Equal Access to Justice Act for their challenge to a Corps of Engineers' wetlands determination under the Federal Water Pollution Control Act (FWPCA). The court holds that 48.25 hours to prepare plaintiffs' pa...

The court holds that a claim for cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not dischargeable in bankruptcy by a corporate debtor unless there has been a prepetition release or threatened release of hazardous waste. After a diversified c...