The court holds that state administrative enforcement bars a citizen suit under the Federal Water Pollution Control Act (FWPCA) even though plaintiff had no right to intervene in the state action and the state action was slow to bring about compliance. The court first rules that plaintiff environmen...

The court rules that Environmental Protection Agency (EPA) inaction in response to the failure of a state to submit total maximum daily loads (TMDLs) for waters that will not attain water quality standards after implementation of technology-based effluent limitations may be challenged in a citizen s...

The court rules that §3008(d)(2) of the Resource Conservation and Recovery Act (RCRA) imposes criminal liability on an employee other than the owner or operator of a firm, if the employee knowingly treats, stores, or disposes of hazardous waste in the absence of a permit required by RCRA §3005. In...

The court rules that the Nuclear Regulatory Commission (NRC) may not issue an operating license for a nuclear power reactor prior to holding a hearing, if requested, on the results of emergency preparedness exercises. The court first rules that the preparedness exercises are material to NRC's licens...

The court holds that the supplementary environmental impact statement (SEIS) prepared by the Corps of Engineers for the Cooper Lake and Channels project in Texas complies with the requirements of the National Environmental Policy Act (NEPA) and the Fish and Wildlife Coordination Act (FWCA) and that ...

The court holds that the National Oceanic and Atmospheric Administration (NOAA) arbitrarily failed to use the best scientific evidence available in formulating Marine Mammal Protection Act rules on the incidental killing of porpoises by purse seine tuna fishermen. NOAA's formal rulemaking must be re...

The court holds that under the Foreign Sovereign Immunities Act (FSIA) a foreign nation is immune from suit for breach of contract for terminating a license for export of wildlife. The court first notes that sovereign immunity is jurisdictional and must be considered by the court even if not raised ...

The court rules that an environmental group may bring a Federal Water Pollution Control Act (FWPCA) citizen suit to seek civil penalties for past violations of an expired national pollutant discharge elimination system (NPDES) permit. The court first rules that the group has standing. It contrues FW...

The court rules that allowing a resort to build a golf course on land over which New York holds a conservation easement funded under the Land and Water Conservation Fund Act (LWCFA) would not violate the Act. The court first rules that the controversy is ripe. Although the resort developers have not...

The court rules that Federal Land Policy and Management Act (FLPMA) §505 does not require the Bonneville Power Administration (BPA) to receive state certification before building a power transmission line across federal lands, but FLPMA does require BPA to comply with state environmental standards ...