In a case of first impression, the court holds that congressional legislation directing federal courts to reach a particular result in pending court cases that challenge a U.S. Forest Service timber management plan violates the U.S. Constitution's separation of powers doctrine. Section 318 of the De...

The court upholds the Environmental Protection Agency's (EPA's) objection to confirmation of a debtor's liquidation plan that would require EPA to accept conveyance of land that may be contaminated. After voluntarily filing for relief under Chapter 11, debtor proposed a liquidation plan for confirma...

The court holds that a challenge to a fire-recovery timber sale in the Klamath National Forest under the National Environmental Policy Act is not barred from judicial review by §312 of the 1989 continuing budget resolution and that claims that the Forest Service violated California water quality st...

The court rules that the Oklahoma Department of Health's (ODH's) decision to grant a private party a permit to construct and operate a solid waste landfill is not subject to judicial review under the Oklahoma Administrative Procedures Act (OAPA). Owners of land adjacent to the proposed solid waste d...

The court holds that the district court lacked jurisdiction over a developer's challenge to an Environmental Protection Agency (EPA) administrative order under the Federal Water Pollution Control Act (FWPCA) requiring the developer to cease and desist the filling of wetlands. The developer asserted ...

The court holds that an electroplating company and its president are liable for violations of the Resource Conservation and Recovery Act (RCRA) and the Michigan Hazardous Waste Management Act (HWMA). The court holds that the government established a prima facie case of liability under RCRA and the H...

The court holds that a rule adopted by the Maine Board of Environmental Protection that prohibits new construction on frontal sand dunes is consistent with the Maine Coastal Wetlands Act. The Act authorizes construction permits if the proposed activity will not unreasonably interfere with recreation...

The court upholds sanctions under Rule 11 of the Federal Rules of Civil Procedure against two attorneys for failing to properly follow Endangered Species Act (ESA) notice requirements for citizen suits. The attorneys sought to enjoin private citizens from constructing a residential subdivision that ...

The court holds that draining a wetland is a regulated activity under Federal Water Pollution Control Act (FWPCA) §404(b) and requires a permit when it presents the threat of significant alteration or destruction of a wetland. A citizens' group and a Texas city sought declaratory and injunctive rel...

The court upholds the conviction of civilian engineers working for the U.S. Army for multiple violations of the Resource Conservation and Recovery Act's (RCRA's) criminal provisions. The engineers were involved in the development of chemical warfare systems at Aberdeen Proving Ground in Maryland. Th...