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National Audubon Soc'y v. Department of Water

The court holds that there is no federal common-law nuisance claim for air or water pollution caused by stream diversions. The diversions lowered the level of Mono Lake, causing air pollution when the wind picked up dust from the exposed lake bed. The court first holds that the Federal Water Polluti...

Sierra Club v. Penfold

In four consolidated appeals, the court holds that the Bureau of Land Management's (BLM's) review of placer mines disturbing less than five acres of public lands per year is not a major federal action under the National Environmental Policy Act (NEPA), plaintiffs' challenges under NEPA and the Alask...

Natural Resources Defense Council v. EPA

The court upholds the Environmental Protection Agency's (EPA's) general national pollutant discharge elimination system permit for oil and gas operations on the outer continental shelf in the Gulf of Mexico, but remands the provisions of the permit pertaining to alternative toxicity limits and limit...

United States v. Fisher

The court affirms an order under § 104(e) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) granting the Environmental Protection Agency (EPA) access to defendant's land to conduct soil and groundwater tests. The court first holds that the district court did not ...

National Wildlife Fed'n v. Consumers Power Co.

The court holds that the discharge into Lake Michigan of dead fish and fish remains by a hydroelectric power plant in its turbine generating water does not require a national pollutant discharge elimination system (NPDES) permit under the Federal Water Pollution Control Act (FWPCA). The plant has tw...

Kenaitze Indian Tribe v. Alaska

The court holds that the state of Alaska violated provisions of the Alaska National Interest Lands Conservation Act (ANILCA) giving subsistence users in federal waters in rural areas priority over commercial sport fishing. The state had issued a regulation defining "rural" as only those areas domina...

Nader v. EPA

The court holds that it lacks jurisdiction under the Federal Food, Drug, and Cosmetic Act (FDCA) to review the Environmental Protection Agency's (EPA's) denial of a citizen petition to revoke the tolerance level for the pesticide daminozide. The court first holds that it has no jurisdiction under FD...

Animal Protection Inst. of Am. v. Hodel

The court holds that the Secretary of the Interior may not transfer title to an animal under the Wild Free-Roaming Horses and Burros Act (WHBA) when he knows prior to the transfer that the animal will be commercially exploited by the adopter. The court first holds that plaintiff has organizational s...

United States v. Hardage

The court holds that judicial review of the Environmental Protection Agency's selected remedy in an action under §106 of the Comprehensive Environmental Response, Compensation, and Liability Act that was filed prior to the enactment of the Superfund Amendments and Reauthorization Act is not limited...

United States v. Crown Roll Leaf, Inc.

The court holds that defendant is liable under §104(e) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and §3007(a) of the Resource Conservation and Recovery Act (RCRA) for failure to respond to an Environmental Protection Agency (EPA) information request conc...