The court holds that federal land in Los Padres National Forest on which plaintiff owns a perfected mining claim pursuant to the Mining Act is not excluded from the coastal zone under Coastal Zone Management Act (CZMA) §304(1), and the requirement in California's coastal management program that pla...

The court upholds regulations banning commercial fishing and restricting sport fishing in the Everglades National Park against challenged violations of the Administrative Procedure Act, agreements with the state of Florida, the Department of the Interior's internal regulations, the National Environm...

In a §1983 suit by developers for damages from delay in obtaining a building permit due to alleged discriminatory action by the defendant building inspector, the court holds that plaintiffs' procedural due process rights were not violated either by the lack of appellate administrative review for th...

Implementing the dispute resolution mechanism established by a consent decree in a Resource Conservation and Recovery Act and Federal Water Pollution Control Act imminent hazard case, the court rules that defendants' proposed cleanup actions are superior to those of the Environmental Protection Agen...

The court holds that an insurer that issued comprehensive general liability coverage to a hazardous waste site owner must indemnify and defend the site owner in a Comprehensive Environmental Response, Compensation, and Liability Act cleanup action. The property damages potentially covered by the pol...

The court rules that the Environmental Protection Agency (EPA) lacks authority under §211(f) of the Clean Air Act to revoke waivers to market gasoline additives. Initially the court accepts as the law of this case a motions panel decision rejecting EPA's claim that the petition is premature on grou...

The court holds that it lacks subject matter jurisdiction over suit seeking damages for increased utility rates resulting from the Three Mile Island accident through state causes of action "arising under" the Price-Anderson Act (Act), or through federal common law. The court first notes that when bo...

The court holds that the Commissioners of the Nuclear Regulatory Commission (NRC) are entitled to qualified immunity from a class action suit seeking money damages resulting from two NRC orders authorizing the release of radioactive gas from the Three Mile Island-2 reactor without a prior hearing pu...

The court rules that the citizen suit provision of the Federal Water Pollution Control Act (FWPCA) does not authorize a municipality to sue the Environmental Protection Agency (EPA) or state agencies in federal district court seeking an order to award a sewage treatment grant. The court first holds ...

The court holds that the Corps of Engineers was not arbitrary or capricious in requiring Federal Water Pollution Control Act (FWPCA) or Rivers and Harbors Act (RHA) individual permits for various actions diking and draining a Louisiana cypress-tupelo gum swamp. The court first holds that the arbitra...