The court rules that the Equal Access to Justice Act (EAJA) does not authorize an award of fees to a pro se litigant. The court holds that EAJA's definition of fees, 28 U.S.C. §2412, requires that an attorney have been retained. Section 2412(d)(2)(A) specifically defines fees and expenses to be "re...
The court reaffirms the merits of its earlier decision, 16 ELR 20447, in which it held that the Environmental Protection Agency's (EPA's) use of a computerized atmospheric model to set emission limits without a validation program was arbitrary and capricious. The court, at the request of the parties...
The court holds that an Ohio municipality may impose a permit fee and recordkeeping requirements, in addition to state-imposed requirements, upon a hazardous waste facility located within the city's borders. The court first rules that the home rule power of municipalities under the Ohio Constitution...
The court rules that federal district courts lack jurisdiction under the Surface Mining Control and Reclamation Act to hear a §520 citizen suit in a state that has been delegated primary enforcement responsibility. The court first holds that Pennsylvania had adopted an approved surface mining progr...
In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action, the court holds that it has personal jurisdiction over the nonresident corporate parent of the operator of a hazardous waste site in Idaho, the parent corporation is an owner or operator within the meaning of...
The court holds that a community organization and several individuals are barred by laches from seeking to enjoin the construction of a commuter train line power substation under the National Environmental Policy Act (NEPA), and the Urban Mass Transportation Administration's (UMTA's) decision not to...
The court holds that a shipment of caiman hides making an unscheduled landing at Miami International Airport is subject to forfeiture under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Lacey Act. The court first holds that the government had pro...
The court affirms the district court's decision, 16 ELR 20884, for the reasons stated by that court.
Counsel are listed at 16 ELR 20885.
Before WINTER and MAHONEY, Circuit Judges, and ZAMPANO, District Judge.*, full_html...
The court holds that the Bald and Golden Eagle Protection Act (Eagle Protection Act) does not apply to the killing of a golden eagle by a Pueblo Indian for religious use, and the First Amendment bars prosecution under the Act of a Pueblo member for killing a golden eagle without a permit solely for ...
The court holds that a state implementation plan (SIP) adopted pursuant to federal Clean Air Act requirements is federal, not state law once it is approved by the Environmental Protection Agency (EPA), and even if a SIP were state law, a stay of the district court action pending a decision by a stat...