The court holds that the Wild and Scenic Rivers Act (WSRA) prohibition on licensing projects on or directly affecting a wild and scenic river removes Federal Energy Regulatory Commission (FERC) authority to grant the application of a small hydroelectric plant operator for an exemption from Federal P...

Affirming the district court injunction, 16 ELR 20245, the court rules that the notice and hearing provisions of Alaska National Interest Lands Conservation Act (ANILCA) §810(a) are triggered if an agency determines that a proposed action may significantly restrict subsistence uses. The court, find...

The Court holds that neither the Pelly Amendment nor the Packwood Amendment requires the Secretary of Commerce to certify Japan for refusing to abide by the whaling quotas imposed by the International Whaling Commission (IWC). The Secretary acted pursuant to an executive agreement between Japan and ...

The court rules that a governmentally authorized cleanup program is not a prerequisite to a private cost recovery action under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and that consistency with the national contingency plan (NCP) does not require...

The court holds that the court of appeals has jurisdiction to directly review the Environmental Protection Agency's (EPA's) applications of categorical pretreatment standards under the Federal Water Pollution Control Act (FWPCA) and that EPA did not err in applying its regulations to petitioner's br...

The court holds that disruption in telephone communications is not sufficient to give Pacific Northwest Bell, a telephone company, standing to challenge an environmental impact statement on an electric bus transit tunnel to be constructed in downtown Seattle. The court first holds that allegations o...

The court holds that the Department of Energy's (DOE's) refusal to extend the deadline on its comment period for determination of geogrphic areas to be included on a preliminary list of 12 possible sites for future storage of nuclear waste is not sufficiently final to permit judicial review. After i...

The court holds that federal law regulating nuclear energy does not preempt and the political question doctrine does not bar claims by commercial land owners against a neighboring nuclear and radioactive pharmaceutical manufacturer in nuisance, negligence, trespass, and strict liability for damage c...

The court holds that two sections of the Alaska National Interest Lands Conservation Act (ANILCA) prohibiting timber harvesting and providing for continued subsistence uses within national monuments do not apply to native inholdings in the Admiralty Island National Monument, and ANILCA's subsistence...

The court holds that the time limits in §22(k) of the Alaska Native Claims Settlement Act (ANCSA) during which timber export and management practice restrictions apply to private land within the boundaries of a national forest started running from the date of ANCSA's enactment in 1971. Section 22(k...