The court holds that a shipment of caiman hides making an unscheduled landing at Miami International Airport is subject to forfeiture under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Lacey Act. The court first holds that the government had pro...
The court affirms the district court's decision, 16 ELR 20884, for the reasons stated by that court.
Counsel are listed at 16 ELR 20885.
Before WINTER and MAHONEY, Circuit Judges, and ZAMPANO, District Judge.*, full_html...
The court holds that the Bald and Golden Eagle Protection Act (Eagle Protection Act) does not apply to the killing of a golden eagle by a Pueblo Indian for religious use, and the First Amendment bars prosecution under the Act of a Pueblo member for killing a golden eagle without a permit solely for ...
The court holds that a state implementation plan (SIP) adopted pursuant to federal Clean Air Act requirements is federal, not state law once it is approved by the Environmental Protection Agency (EPA), and even if a SIP were state law, a stay of the district court action pending a decision by a stat...
The court holds that a violator of a national pollutant discharge elimination system program (NPDES) permit can be held liable in a Federal Water Pollution Control Act (FWPCA) citizen suit absent proof of a link between the violations and local water pollution, and that reasonable efforts to comply ...
The court holds that the National Marine Fisheries Service (NMFS) violated the National Environmental Policy Act (NEPA) by failing to adequately explain its decision not to prepare an environmental impact statement (EIS) prior to issuing a Marine Mammal Protection Act (MMPA) §104 permit for the cap...
The court holds that the decision of the Environmental Protection Agency (EPA) to register the soybean pesticide of plaintiff's competitor under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) did not violate FIFRA's exclusive use provision, 7 U.S.C. §136a(c)(1)(D)(1), nor does it v...
The court holds that letters written by former Environmental Protection Agency (EPA) Administrator Costle in 1981, finding that American states contribute to acid rain in Canada, do not obligate his successors to require those states to abate air pollution emissions under §115 of the Clean Air Act....
The court holds that the Forest Service did not violate the Administrative Procedure Act (APA) or the National Environmental Policy Act in issuing a special use permit for a ski resort development in a roadless area in Okanogan National Forest in Washington. The court first holds that the Forest Ser...
The court holds that it lacks jurisdiction to review the Environmental Protection Agency's (EPA's) establishment of national pollutant discharge elimination system (NPDES) permit conditions on an outfall at petitioner Texas Municipal Power Agency's (TMPA's) steam generating plant because petitioner ...