The court holds that due process does not require the Army Corps of Engineers to hold an informal hearing for a Federal Water Pollution Control Act (FWPCA) §404 dredge and fill permit applicant seeking to construct a seawall or bulkhead in the Florida Keys, because the permit applicant did not requ...

The court rules that the 60-day notice requirement in §112(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not apply to actions for natural resource damages under §107. The court first holds that Idaho's suit for natural resource damages was timely fil...

The court holds that the district court abused its discretion in authorizing a special master to review and submit recommendations on motions for summary judgment and other potentially dispositive motions in a cost recovery action under the Comprehensive Environmental Response, Compensation, and Lia...

The Supreme Court holds that the Seventh Amendment guarantees a jury trial to determine liability in actions by the federal government seeking civil penalties and injunctive relief under the Federal Water Pollution Control Act (FWPCA), but the judge must determine the amount of the penalty. Appellan...

The court holds that defendant steel company violated certain emission standards established in a consent decree in a Clean Air Act enforcement action at a West Virginia coke plant. The court first holds that defendant violated the decree's provision requiring a demonstration of compliance with the ...

The court holds that the Secretary of the Interior has the authority to establish an interim game code on the Wind River Indian Reservation in Wyoming if there is a risk of extinction or endangerment of the wildlife and the tribes fail to enact their own game code. The court initially holds that the...

The court holds that landowners in a deer wintering area zoned for wildlife habitat protection illegally harvested timber without obtaining a Land Use Regulation Commission (LURC) permit, and that the protective zoning designation of the property was not an unconstitutional taking of private propert...

The court holds that the Environmental Protection Agency's (EPA's) revisions of the effluent limitation guidelines and standards for settleable solids for the coal mining industry under the Federal Water Pollution Control Act are not arbitrary and capricious. EPA revised the effluent limitation guid...

The court holds that Texas is not entitled to a temporary restraining order to halt the Forest Service's site preparation for reforestation in the Sam Houston National Forest, since the state is not likely to succeed on its claim that the Forest Service violated the National Environmental Policy Act...

The court holds that the Forest Service is not required to prepare an environmental impact statement (EIS) for its reforestation plans in the Sam Houston National Forest. The court rules that the National Environmental Policy Act does not require the Forest Service to issue an EIS for each site with...