The court holds that the Bureau of Land Management's (BLM's) decision not to supplement its environmental impact statements (EISs) on timber management in Oregon as a result of new information available on the northern spotted owl is not reviewable. Timber management plans and EISs for Oregon's BLM ...

The court holds that the government is entitled to injunctive relief under the Federal Water Pollution Control Act (FWPCA) to effectuate removal of existing fill material from a New Jersey beach and to bar further fill activity at the site. The court first holds that the government established a str...

The court holds that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §122(e)(6), added by the Superfund Amendments and Reauthorization Act (SARA) to require private parties to obtain prior Environmental Protection Agency (EPA) approval of remedial actions, does not ap...

The court rules that the Pennsylvania Department of Environmental Resources (DER) need not consider, as a matter of law, the economic consequences to an individual discharger when establishing effluent limitations or when issuing or amending a national pollutant discharge elimination system permit. ...

The court holds that the Army Corps of Engineers' (Corps) decision not to prepare an environmental impact statement (EIS) for a river maintenance project was unreasonable, and that the Corps clearly erred in concluding that the project qualified for a categorical exclusion from EIS preparation. The ...

The court holds that defendant must remove fill and refuse that it placed in a backwater channel on its property, and may not deposit additional fill or refuse there. The court reviews the district court's findings for clear error. The court first holds that defendant's property is located below the...

The court holds that the Federal Highway Administration's (FHwA's) approval of a final environment impact statement (EIS) for an Oklahoma highway project did not violate the National Environmental Policy Act (NEPA) or the parkland protection provision of the Federal-Aid Highway Act of 1968. The cour...

The court rules that the Environmental Protection Agency's (EPA's) failure to complete its review of Clean Air Act state implementation plan (SIP) revisions within the required four months does not bar it from enforcing an existing SIP during the interval between the end of the four-month period and...

The court holds that the Environmental Protection Agency's (EPA's) regulation defining an oil spill that may be harmful as that which creates a sheen is within the Agency's authority under §311(b)(3) of the Federal Water Pollution Control Act (FWPCA). Approximately five gallons of diesel fuel spill...

The court holds that the misrepresentation exception to the Federal Tort Claims Act (FTCA) bars a third-party action against the Environmental Protection Agency (EPA) for any negligence in its analysis, testing, or approval of a city's wastewater treatment process. The city of Garland, Texas, had su...