The court holds that the Environmental Protection Agency (EPA) does not have to comply with the National Environmental Policy Act (NEPA) and prepare an environmental impact statement (EIS) when it registers pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The court h...

The court rules that the Equal Access to Justice Act (EAJA) does not authorize the award of attorney fees to a pro se litigant, but does authorize the award of litigation expenses. The court holds that EAJA's definition of fees, 28 U.S.C. §2412, requires that an attorney have been retained. Section...

The court rules that the submission of a report to Congress by the Secretary of the Interior (Secretary) under §1002(h) of the Alaska National Interest Lands Conservation Act (ANILCA) requires prior public review and comment under the National Environmental Policy Act (NEPA). The report required un...

The Court rules that the Federal Water Pollution Control Act (FWPCA) preempts state common-law nuisance remedies for interstate water pollution to the extent that an affected state seeks to impose liability under its laws on a point source in another state. The Court first rules that the only state ...

The court holds that a defendant prosecuted for selling protected wildlife in violation of the Migratory Bird Treaty Act (MBTA) is not entitled to an entrapment defense as a matter of law, and due process was not violated as a result of either the conduct of government officials during their investi...

The court rules that Resource Conservation and Recovery Act (RCRA) §§6001 and 7002 and Federal Water Pollution Control Act (FWPCA) §§313(a) and 505(a) do not waive the United States' sovereign immunity from a citizen suit seeking civil penalties. The court reviews the language of RCRA §6001, th...

The court dismisses as moot a challenge to timber sales in the Siuslaw National Forest in Oregon since the Forest Service has withdrawn its plan until the completion of the forest plan and the environmental impact statement (EIS). The parties agree that the National Forest Management Act claims and ...

In a Federal Water Pollution Control Act (FWPCA) citizen suit, the court declines to reconsider its earlier holding that defendant is liable for failing to file discharge monitoring reports (DMRs) as required by defendant's national pollutant discharge elimination system (NPDES) permit, holds defend...

The court holds that plaintiff environmental groups have standing to bring a citizen suit under Federal Water Pollution Control Act (FWPCA) §505, citizen suits may be brought to recover civil penalties for past violations, a two-year state statute of limitations does not apply to an FWPCA suit, and...

In a challenge to the Environmental Protection Agency's (EPA's) response to California's failure to meet Clean Air Act deadlines, the court holds that it lacks jurisdiction under §307 of the Clean Air Act to review EPA's imposition of a new source construction ban and withdrawal of federal funds, a...