The court holds that letters written by former Environmental Protection Agency (EPA) Administrator Costle in 1981, finding that American states contribute to acid rain in Canada, do not obligate his successors to require those states to abate air pollution emissions under §115 of the Clean Air Act....

The court holds that the Forest Service did not violate the Administrative Procedure Act (APA) or the National Environmental Policy Act in issuing a special use permit for a ski resort development in a roadless area in Okanogan National Forest in Washington. The court first holds that the Forest Ser...

The court holds that it lacks jurisdiction to review the Environmental Protection Agency's (EPA's) establishment of national pollutant discharge elimination system (NPDES) permit conditions on an outfall at petitioner Texas Municipal Power Agency's (TMPA's) steam generating plant because petitioner ...

The court holds that the Fish and Wildlife Service's (FWS') decision to remove all remaining California condors from the wild was a reasonable exercise of agency discretion and did not violate either the National Environmental Policy Act (NEPA) or the Endangered Species Act (ESA). The court initiall...

The court holds that the Akron "Right-to-Know" Ordinance, regulating hazardous and toxic substances in the workplace, is preempted by federal regulations issued by the Occupational Safety and Health Agency (OSHA), establishing the Hazard Communication Standard Program. The court first holds that the...

The court rules that the Pennsylvania Right-to-Know Act (Act), as applied to the manufacturing sector, is preempted in part by federal regulations of the Occupational Safety and Health Administration (OSHA) establishing the Hazard Communication Standard. The court first holds that the Act is severab...

The court rules that a counterclaim seeking a declaratory judgment as to the nonliability of a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 defendant is reviewable in federal court, and reverses the district court's dismissal for lack of jurisdiction. The cour...

The court holds that the port of Portland, Oregon, is entitled to recovery from its insurers for the cost of responding to an oil slick from the sinking of a port-owned dredge. The court first notes that the port's insurance coverage is coextensive with its Federal Water Pollution Control Act (FWPCA...

The court rules that it is not appropriate under Federal Water Pollution Control Act (FWPCA) §505(d) to require industry intervenors to pay the attorney fees of an environmental group that successfully defended an industry attack against a settlement agreement with the government, if the industry t...

The court holds that the federal government may prevent West Virginia from using the pesticide BTI against black flies in New River Gorge National River without a National Park Service (NPS) permit. The court first notes that the sate's concurrent jurisdiction over a federal preserve would not gener...