The court holds that a provision in the Louisiana Constitution that affords public notice and public bidding before the leasing or selling of state-owned mineral rights supersedes leases between a state agency and a shell dredging company awarded outside the public bid process. In the underlying lit...
The court holds that the Forest Service's environmental assessment (EA) and finding of no significant impact (FONSI) prepared pursuant to the National Environmental Policy Act (NEPA) adequately analyzed the cumulative impacts of two timber sales on the northern spotted owl. The court first denies an...
The court holds that the Environmental Protection Agency (EPA) does not have a non-discretionary duty under Federal Water Pollution Control Act (FWPCA) §304(a)(1) to issue numerical standards for its dioxin water quality criteria or to revise the criteria based on new scientific evidence. The court...
The court denies a motion by the cosmetic and chemical associations' to intervene under Federal Rule of Civil Procedure 24(a)(2) or 24(b)(2) as defendants in this citizen suit to require New York to carry out its state implementation plan (SIP) designed to reduce atmospheric ozone and carbon monoxid...
On a second remand from the U.S. Court of Appeals for the Ninth Circuit, the district court holds that the federal government is entitled to summary judgment on plaintiff environmental groups' claims that the Bureau of Land Management's (BLM's) timber sale program and Forest Resource Policy Statemen...
In a developer's challenge to an Army Corps of Engineers' permit action and an Environmental Protection Agency (EPA) veto under §404 of the Federal Water Pollution Control Act (FWPCA), the court holds that no evidence exists of agency bad faith or bias in the decisionmaking concerning the permit. T...
The court rules that under Pennsylvania law the sudden and accidental exception to the pollution exclusion clause in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) defendant's comprehensive general liability insurance policy does not apply to systematic discharges t...
The court holds that although the Environmental Protection Agency's (EPA's) interpretation of its Toxic Substances Control Act (TSCA) regulation governing the disposal of solvent used to decontaminate polychlorinated biphenyl (PCB) containers must be sustained, the lack of adequate notice resulting ...
The court holds that the Environmental Protection Agency's (EPA's) final rule under §120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) concerning transfers of contaminated property by federal agencies is inconsistent with the plain meaning of the statutory...
The court upholds the Environmental Protection Agency's (EPA's) addition of three sites to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) national priorities list (NPL) after the agency failed to meet the CERCLA §105(c)(1) deadline for revising EPA's hazard ranki...