The court holds that the Secretary of the Interior has the authority to establish an interim game code on the Wind River Indian Reservation in Wyoming if there is a risk of extinction or endangerment of the wildlife and the tribes fail to enact their own game code. The court initially holds that the...

The court holds that landowners in a deer wintering area zoned for wildlife habitat protection illegally harvested timber without obtaining a Land Use Regulation Commission (LURC) permit, and that the protective zoning designation of the property was not an unconstitutional taking of private propert...

The court holds that the Environmental Protection Agency's (EPA's) revisions of the effluent limitation guidelines and standards for settleable solids for the coal mining industry under the Federal Water Pollution Control Act are not arbitrary and capricious. EPA revised the effluent limitation guid...

The court holds that Texas is not entitled to a temporary restraining order to halt the Forest Service's site preparation for reforestation in the Sam Houston National Forest, since the state is not likely to succeed on its claim that the Forest Service violated the National Environmental Policy Act...

The court holds that the Forest Service is not required to prepare an environmental impact statement (EIS) for its reforestation plans in the Sam Houston National Forest. The court rules that the National Environmental Policy Act does not require the Forest Service to issue an EIS for each site with...

The court rules that the Army Corps of Engineers' permit jurisdiction under §404 of the Federal Water Pollution Control Act extends to artificial wetlands, or those wetlands that are dependent upon man-made irrigation and flood control structures for their water supply. It is the nature of the land...

The court holds that the doctrine of sovereign immunity and the prohibition of preenforcement review bar joinder of the Environmental Protection Agency (EPA) as a party plaintiff in an action by a purchaser of a debtor's property against the bankruptcy trustee for contribution for cleanup costs unde...

The court holds that the Corps of Engineers violated the Endangered Species Act (ESA) by allowing construction activities on a flood control and highway project to continue without ensuring adequate mitigation measures to protect the habitat of two endangered species of birds, and halts construction...

The court rules that the Environmental Protection Agency's (EPA's) denial of citizen petitions under §21 of the Toxic Substances Control Act (TSCA) is not subject to judicial review under the Administrative Procedure Act. The court initially holds that plaintiffs' suit seeking review of EPA's denia...

The court rules that a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) suit to recover investigatory and cleanup costs may not be brought under California law against a corporation that dissolved prior to CERCLA's enactment. Under California Corporations Code §2011(a)...