Because of a pending federal criminal investigation, the court stays a previously initiated federal civil enforcement action for six months or, if an indictment is issued, until the conclusion of the criminal proceedings. The defendant had objected to the government's request for the stay. The court...

The court holds that the description of the activities and structures proposed in an application for a dredge and fill permit under §404 of the Federal Water Pollution Control Act was sufficiently specific to justify the Corps of Engineers' decision to issue the permit. The application's statements...

The court holds that the United States is not barred by either prior Colorado case law or the doctrine of collateral estoppel from asserting reserved water right claims under the Forest Service Organic Act for minimum instream flows in national forests. In a prior decision, United States v. City and...

The court holds that the Clean Air Act preempts a Florida statute that prohibits the owner of a gray market automobile from acquiring title and registration until the owner has obtained documentation that the vehicle complies with federal emission and safety standards. Gray market automobiles are im...

The court holds that the buyer of a contaminated hazardous waste site may not recover cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from a seller that did not itself dispose of hazardous waste at the site, is not accountable for its subsidiary...

The court upholds the Environmental Protection Agency's (EPA's) requirement in a national pollutant discharge elimination system (NPDES) permit that discharge pipes have submerged outlets extending beyond the intertidal mudflats at Cook Inlet, Alaska. Cook Inlet has extreme tides of up to 30 feet an...

The court establishes a timetable to bring New Jersey into compliance with the ozone control portion of its state implementation plan (SIP). In a previous decision, the court had held that New Jersey was liable for failing to abide by its SIP's timetable for implementation of seven specific ozone co...

The court holds that the Corps of Engineers' supplemental environmental impact statement (SEIS) for the Elk Creek Dam project in Oregon is deficient because its wildlife mitigation plan is incomplete, it fails to take into account new information acquired since the original EIS was prepared, and fai...

Upholding the district court's issuance of a preliminary injunction, the court rules that §202(d) of the Federal Land Policy and Management Act (FLPMA) requires that termination of public land classifications must be consistent with resource management plans, and that §309(e) requires public parti...

The court holds that defendant's construction of a plant on the site of an existing source was not a major modification requiring a prevention of significant deterioration (PSD) permit under the Clean Air Act since the existing source identified by the Environmental Protection Agency (EPA) in its no...