The court holds that failure of the Secretary of the Interior and the Bureau of Land Management (BLM) to control the consumption of forage by wild horses on private lands pursuant to the Wild Free-Roaming Horses and Burros Act (the Act) does not constitute a taking of private property without just c...
The court rules that the Environmental Protection Agency (EPA) is empowered to promulgate underground injection control regulations for Indian lands under the Safe Drinking Water Act (SDWA), and upholds EPA's program for the Osage Indian Mineral Reserve in Oklahoma. The court initially holds that th...
The court holds that the strict liability provision of the New Jersey Spill Compensation and Control Act (Act) applies prospectively and precludes recovery from the Act's compensation fund by third parties for pre-Act spills, but the New Jersey Department of Environmental Protection (DEP) may recove...
The court holds that continuing a stay pending appeal is unjustified where the state had not shown a likelihood of prevailing on its claim that the Forest Service violated the National Environmental Policy Act (NEPA) by failing to prepare an environmental impact statement (EIS) before clearcutting 2...
The court holds that the challenge of a cleaning compound manufacturer to an Environmental Protection Agency (EPA) administrative warrant to search the company's premises for hazardous wastes is moot. The court holds that there is no live case or controversy because the warrant has already been full...
On a motion for reconsideration, the court revises its previous decision in which it held that Pennsylvania's "bubble" air emissions standard is not an alternative standard to the standard for volatile organic compounds. The court holds that the bubble standard may provide such an alternative standa...
The court rules that the Hazardous Materials Transportation Act (HMTA) does not provide an implied private cause of action. Pursuant to the HMTA, the Secretary of Transportation published a table listing butane as a hazardous material and promulgated regulations requiring permanent storage tanks for...
The court holds that the Secretary of Commerce's dismissal of an oil company's appeal of the California Coastal Commission's consistency objection under §307 of the Coastal Zone Management Act (CZMA) to the company's outer continental shelf oil exploration plan estops the oil company from challengi...
The court holds that the Environmental Protection Agency (EPA) acted within its authority in setting the recommended maximum contaminant level (RMCL) for fluoride at 4 milligrams per liter under the Safe Drinking Water Act (SDWA). The court first holds that EPA properly calculated the RMCL to avoid ...
The court clarifies the standards it applies in reviewing applications for a stay of a proceeding involving a federal agency, and it reaffirms an earlier holding that Ohio is entitled to a stay in the Nuclear Regulatory Commission's (NRC's) issuance of a full-power license to the Perry Nuclear Plant...