The court holds that an award of attorney fees and litigation costs to the citizens' group that prevailed on its underlying claims is appropriate under Resource Conservation and Recovery Act §7002(e). The court first holds that the prevailing party's attorney's time records are insufficiently detai...

The court holds that a supplemental award of costs and attorney fees for time spent preparing the application for reimbursement of the attorney fees and litigation costs of a prevailing citizen's group under Resource Conservation and Recovery Act §7002(e) is appropriate. The court first holds that ...

The court rules that general allegations of response costs are sufficient to state a claim under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), failure to plead consistency with the National Contingency Plan (NCP) is not relevant to whether a claim ex...

The court holds that the district court abused its discretion in conditioning its approval of a consent decree to allow a third party that had not asserted an independent claim to receive part of the settlement. The district court conditioned its approval of a consent decree settling an enforcement ...

The court rules that the Nuclear Regulatory Commission's (NRC's) denial of a motion to reopen licensing proceedings before the Atomic Safety and Licensing Appeal Board prior to the issuance or denial of an operating license is not a final order allowing judicial review under the Atomic Energy Act. P...

The court holds that the Nuclear Regulatory Commission's (NRC's) decision to authorize a nuclear power plant's full-power operation despite the pendency of two motions to reopen the administrative record did not violate either the Administrative Procedure Act (APA) or the Atomic Energy Act (AEA), an...

The court holds that the Nuclear Regulatory Commission (NRC) violated its regulations by denying petitioners a public hearing before it authorized Pacific Gas and Electric's (PG&E's) Diablo Canyon power plant license amendments to redesign radioactive fuel rod configurations and expand storage p...

The court holds that the National Park Service's (NPS') voluntary compliance with a district court injunction renders moot a challenge to the lower court's order that the NPS must prepare cumulative environmental impact statements (EISs) on the effects of mining operations in three national parks in...

The court holds that petitioner's failure to seek rehearing before the Federal Energy Regulatory Commission (FERC) within 30 days of FERC's order staying the effective date of a hydroelectric project license is a jurisdictional bar to judicial review of the order. The court observes that the Federal...

On rehearing, the court holds that the Forest Service's plans to construct the last six miles of a logging road and to permit timber harvesting in the Blue Creek Unit of the Six Rivers National Forest in California would violate the Indian plaintiffs' First Amendment rights to free exercise of relig...