The court holds that Ohio has standing to challenge a Department of Transportation (DOT) statement of policy pursuant to the Hazardous Materials Transportation Act (HMTA) providing that state laws requiring prenotification of shipments of nuclear materials are preempted by federal routing regulation...

The court holds that the Animal Lovers Volunteer Association (ALVA) lacks standing to maintain a National Environmental Policy Act (NEPA) suit challenging the Navy's San Clemente Island, California, goat eradication program. To have standing, a party must be able to demonstrate "injury-in-fact" aris...

The Court holds that §3(c)(1)(D)(ii) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), providing for binding arbitration to determine the amount of compensation required for a follow-on applicant's use of an original registrant's data, does not violate Article III by limiting judi...

The court holds that water users and managers have standing to challenge the Water Resources Council's (WRC's) repeal of planning regulations and adoption of nonbinding guidelines under the Water Resources Planning Act (WRPA), and that the action is both subject to review under the Administrative Pr...

The court holds that the Secretary of Energy's designation under the Nuclear Waste Policy Act (NWPA) of two locations in the Texas panhandle as "potentially acceptable sites" for nuclear waste repositories is neither final under the Act nor ripe for judicial review. The statutory scheme of the NWPA ...

The court holds that the Secretary of the Interior improperly deleted split-estate lands from classification as Wilderness Study Areas (WSAs) under §603 of the Federal Land Policy and Management Act (FLPMA) and must manage permanently deleted holdings of less than 5,000 acres under an Interim Manag...

The court upholds the Environmental Protection Agency's (EPA's) effluent limitations for the canmaking industry, which require the removal of total toxic organics (TTO) and toxic metals, against a number of challenges to EPA's data collection and selection and its consideration of cost factors. The ...

The court rules that a provision in a sewage treatment contract providing for industrial cost recovery (ICR) charges pursuant to a requirement of the Federal Water Pollution Control Act became unenforceable upon repeal of the requirement. The court first rejects the defendant's argument that the rep...

Findings of a former Administrator of the Environmental Protection Agency (EPA) concerning transboundary air pollution affecting Canada, the court holds, give the current Administrator a non-discretionary duty under §115 of the Clean Air Act to order curtailment of the pollution if he finds that Ca...

The court holds that the district court did not abuse its discretion when it refused, based on its finding that no environmental impact statement (EIS) was required, to preliminarily enjoin a New Hampshire highway project involving the upgrading of a 0.9-mile stretch of road. The court first holds t...