The court holds that the Fish and Wildlife Service's (FWS') decision to remove all remaining California condors from the wild was a reasonable exercise of agency discretion and did not violate either the National Environmental Policy Act (NEPA) or the Endangered Species Act (ESA). The court initiall...

The court holds that the Akron "Right-to-Know" Ordinance, regulating hazardous and toxic substances in the workplace, is preempted by federal regulations issued by the Occupational Safety and Health Agency (OSHA), establishing the Hazard Communication Standard Program. The court first holds that the...

The court rules that the Pennsylvania Right-to-Know Act (Act), as applied to the manufacturing sector, is preempted in part by federal regulations of the Occupational Safety and Health Administration (OSHA) establishing the Hazard Communication Standard. The court first holds that the Act is severab...

The court rules that a counterclaim seeking a declaratory judgment as to the nonliability of a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 defendant is reviewable in federal court, and reverses the district court's dismissal for lack of jurisdiction. The cour...

The court holds that the port of Portland, Oregon, is entitled to recovery from its insurers for the cost of responding to an oil slick from the sinking of a port-owned dredge. The court first notes that the port's insurance coverage is coextensive with its Federal Water Pollution Control Act (FWPCA...

The court rules that it is not appropriate under Federal Water Pollution Control Act (FWPCA) §505(d) to require industry intervenors to pay the attorney fees of an environmental group that successfully defended an industry attack against a settlement agreement with the government, if the industry t...

The court holds that the federal government may prevent West Virginia from using the pesticide BTI against black flies in New River Gorge National River without a National Park Service (NPS) permit. The court first notes that the sate's concurrent jurisdiction over a federal preserve would not gener...

The court holds, inter alia, that the federal government's cost recovery suit under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is equitable in nature and not unconstitutionally retroactive. The court first rules that the government need not join all potentiall...

The court holds that deficient administrative records compiled by the Corps of Engineers for the preparation of an environmental assessment (EA) were adequately supplemented by evidence submitted at trial, and the Corps reasonably decided not to prepare an environmental impact statement (EIS) prior ...

The court holds that an environmental group that successfully prevented the Army Corps of Engineers from constructing a port facility and causeway on Sears Island, Maine, until an environmental impact statement (EIS) had been prepared is entitled to attorney fees under the Equal Access to Justice Ac...