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...
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...
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...
The court holds that plaintiffs suing to recover damages for personal injuries allegedly resulting from exposure to polychlorinated biphenyls (PCBs) have failed to submit sufficient evidence that their injuries, if any, were caused by the PCBs. Plaintiffs live near, or work at, a railroad yard conta...
The court holds that timber companies may not intervene as defendants in an action by environmental groups challenging the Fish and Wildlife Service's FWS') decision not to place the northern spotted owl on the endangered species list. The court first holds that the companies may not intervene as of...
The court holds that the Fish and Wildlife Service's (FWS') decision not to list the northern spotted owl as a threatened or endangered species under the Endangered Species Act was arbitrary and capricious. The court first holds that the decision not to list the owl as endangered was arbitrary and c...
The court holds that plaintiffs have satisfied the prerequisites for bringing a citizen suit under §505 of the Federal Water Pollution Control Act, and that defendant is liable for certain violations of its National Pollutant Discharge Elimination System (NPDES) permit. The court first holds that p...
The court holds that a provision of New York's state implementation plan (SIP) requiring New York City to ensure that development projects do not cause violations of the national ambient air quality standard (NAAQS) for carbon monoxide is an "emission standard or limitation" subject to citizen enfor...
The court holds that the Environmental Protection Agency (EPA) has adequately supported its Federal Water Pollution Control Act (FWPCA) regulations that effectively require oil companies that drill offshore in Alaskan waters to use mineral oil instead of diesel oil as a drilling additive to lubrican...
The court holds that the Secretary of Transportation violated the Department of Transportation Act by not preparing a study under §4(f) before approving construction of the Devil's Slide highway bypass in a California park. The court first holds that a §4(f) study is required for a highway that wi...