The court holds that the Environmental Protection Agency's (EPA's) issuance of an experimental use permit (EUP) for recombinant DNA- altered bacteria testing complies with the Federal Insecticide, Fungicide, and Rodenticide Act. The court first establishes that the standard of judicial review is a t...

The court rules that storage of hazardous waste after the effective date of the Resource Conservation and Recovery Act's (RCRA's) permit and notification provisions constitutes a violation of those provisions even though the defendant stopped hauling waste before their promulgation. In this suit bro...

The court holds that the Forest Service did not violate either the Clean Air Act or the National Forest Management Act (NFMA) when it issued a special use permit for a ski resort development in the Okanogan National Forest prior to adoption of the NFMA plan. The court holds that plaintiffs, environm...

The court holds that a group composed of chlorofluorocarbon (CFC) producers and users is not entitled to attorneys fees under the Freedom of Information Act (FOIA) for its suit against the Environmental Protection Agency (EPA) to compel disclosure of documents related to proposed CFC rulemaking.To r...

The court rules that the Environmental Protection Agency (EPA) may impose Clean Air Act §176(a) sanctions on a state whose inspection and maintenance (I/M) program is invalidated by the state courts after EPA approval of the plan. EPA had approved the New Mexico state implementation plan (SIP) gove...

The court holds that Maryland's polychlorinated biphenyls (PCBs) disposal requirements are not preempted by the Toxic Substances Control Act (TSCA). After initially holding that the legal issues presented are ripe for review and that summary judgment is appropriate, the court holds that §18(a)(2)(B...

The bankruptcy court holds that it cannot remove from state court an action for cleanup of hazardous wastes initiated under state environmental laws, and dismisses a voluntary petition for bankruptcy as a result of pending cleanup action in state and federal court. The court first holds that it has ...

The court holds that an addendum to the Department of Agriculture's environmental impact statement (EIS) on the gypsy moth eradication program brought the EIS' worst-case analysis into compliance with the National Environmental Policy Act's (NEPA's) readability requirement. The court therefore lifts...

The court holds that the Secretary of the Interior's denial of preference rights leases for phosphate mining in Soceola National Forest in Florida, was proper where the cost of reclaiming mined lands would be prohibitively high. The court initially reviews the laws regulating phosphate mining leases...

The court holds that plaintiffs suing on behalf of an endangered species are not entitled to summary judgment on their claim that mouflon sheep threaten the Palila's critical habitat. The court initially holds that the word "harm" in the definition of "taking" in the Endangered Species Act is not li...