A unanimous Court holds that the Bald and Golden Eagle Protection Act (Eagle Protection Act) abrogates rights granted in an 1858 treaty to the Yankton Sioux Tribe to hunt bald and golden eagles on the Yankton reservation for noncommercial purposes, and that defendant may not assert treaty hunting ri...

The court holds that the Federal Aviation Administration's (FAA's) decision to approve Chicago's O'Hare Airport Layout Plan was reasonable and supported by substantial evidence under the National Environmental Policy Act (NEPA), the Airway and Airport Improvement Act (AAIA), and the Clean Air Act, a...

The court holds that the Environmental Protection Agency's (EPA's) regulations allowing indirect dischargers to receive "removal credits" for toxic pollutants removed by publicly owned treatment works (POTWs) fail to meet the statutory requirements of §307(b)(1) of the Federal Water Pollution Contr...

The court holds that the district court did not abuse its discretion when it granted the United States' motion to dismiss without prejudice its action under §106 of the Comprehensive Environmental Response, Compensation, and Liability Act to compel appellants to remove polychlorinated biphenyls (PC...

In a prosecution for unlawful transport of hazardous waste under §3008(d) of the Resource Conservation and Recovery Act (RCRA), the court holds that the government need not prove defendant knew paint waste was a hazardous waste or about disposal sites' permit requirements and thak knowledge of a sp...

The court holds that the operator of a chicken-processing plant discharging wastewater into a city-owned treatment works and a private resident user do not have standing under the Administrative Procedure Act to block disbursal of an Environmental Protection Agency grant for expansion of the treatme...

The court holds that neither the Tennessee Water Quality Control Act nor the Federal Water Pollution Control Act authorizes an adjacent affected state to enforce its water quality standards against a facility discharging effluent into interstate waters pursuant to an FWPCA national pollutant dischar...

The court holds that the Wild and Scenic Rivers Act (WSRA) prohibition on licensing projects on or directly affecting a wild and scenic river removes Federal Energy Regulatory Commission (FERC) authority to grant the application of a small hydroelectric plant operator for an exemption from Federal P...

Affirming the district court injunction, 16 ELR 20245, the court rules that the notice and hearing provisions of Alaska National Interest Lands Conservation Act (ANILCA) §810(a) are triggered if an agency determines that a proposed action may significantly restrict subsistence uses. The court, find...

The Court holds that neither the Pelly Amendment nor the Packwood Amendment requires the Secretary of Commerce to certify Japan for refusing to abide by the whaling quotas imposed by the International Whaling Commission (IWC). The Secretary acted pursuant to an executive agreement between Japan and ...