The court rules that under the National Environmental Policy Act (NEPA), the Corps of Engineers and the Federal Highway Administration incorrectly ignored secondary effects from planned industrial development in deciding not to prepare an environmental impact statement (EIS) on a proposed cargo port...

The court rules that California's mining permit requirement under its Coastal Zone Management Act (CZMA) program is preempted in national forests by the Mining Law of 1872 and Forest Service regulations. The court first rules that the CZMA does not neutralize the effect of other federal laws on land...

The court holds that environmental impact statements (EISs) prepared in the early 1970s for the construction of two highways that were never built may serve for a new construction proposal, if defects in the discussion of environmental effects and alternatives are cured in a supplemental EIS, and th...

The court rules that loggers lack standing under the National Environmental Policy Act (NEPA) to seek discharge of unprofitable contracts to harvest timber on Forest Service land. The court first holds that it has jurisdiction to hear only one of the loggers' NEPA claims. The claims that a Forest Se...

The court holds that the Environmental Protection Agency's (EPA's) assessment of a $5,000 penalty for mislabeling of a tank containing Telone II in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) was supported by substantial evidence and that a two-and-one-half-year dela...

The court holds that a township's ban on the importation and storage of spent nuclear plant fuel and other radioactive waste is preempted by the Atomic Energy Act (AEA) and the Hazardous Materials Transportation Act (HMTA). The court first rules that the case is not moot, in spite of the fact that t...

The court holds it does not have jurisdiction to review a pretrial discovery protective order prohibiting the release of a report by the state of New York on chemical emissions in appellee's New Jersey smelting plant owned by appellee, and that although it does have jurisdiction to consider a petiti...

In a citizen enforcement suit, the court holds that defendant has raised no valid defense against liability for violations of the Federal Water Pollution Control Act. After reviewing the framework of the Act and plaintiffs' allegations, the court holds first that plaintiffs have standing. It rejects...

The court holds that the Eleventh Amendment bars an action against a state agency to enforce a federal statutory right, that private enforcement actions under 42 U.S.C. §1983 are foreclosed under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and that a California beetle eradicati...

In a Federal Water Pollution Control Act citizen suit, the court holds that plaintiffs gave adequate notice and have standing, and that the suit may address past violations. The court first holds that the notice to defendants was adequate even though it was served on the company's president and plan...