In a motion for a preliminary injunction, the court rules that §202(d) of the Federal Land Policy and Management Act (FLPMA) requires that termination of public and classifications must be consistent with resource management plans, and that §309(e) requires public participation in decisions to rev...

On reconsideration in an action challenging the Bureau of Land Management's (BLM's) termination of land classifications and withdrawal revocations under the Federal Land Policy and Management act (FLPMA), 16 ELR 20422, the court holds that FLPMA does not require that plaintiff exhaust its administra...

The court holds that the Environmental Protection Agency (EPA) acted in conformity with the Federal Water Pollution Control Act and the Administrative Procedure Act (APA) when it issued best available technology (BAT) effluent limitations for the nonferrous metals manufacturing industry. The court h...

The court holds that the Fish and Wildlife Service's (FWS') decision to remove all remaining California condors from the wild was arbitrary and capricious under the Administrative Procedure Act (APA) and the Endangered Species Act (ESA), and that FWS should have considered alternatives to the action...

The court holds that the Environmental Protection Agency (EPA) was arbitrary and capricious in relaxing sulfur dioxide emission limits for two Ohio power plants based on an air qualify model that had not been validated at the plant locations. EPA had approved a request from the owners of two power p...

In a Federal Water Pollution Control Act (FWPCA) §505 citizen suit to enforce a national pollutant discharge elimination system (NPDES) permit, the court holds that relief may be sought for past NPDES violations, that no state or federal statute of limitations applies, and that defendants are stric...

The court rules that regulations issued by the Environmental Protection Agency establishing recommended maximum contaminant levels (RMCLs) are reviewable only in the Court of Appeals or the District of Columbia Circuit (D.C. Circuit) under §1448(a)(1) of the Safe Drinking Water Act (SDWA). While §...

The court holds that residents of an area affected byf releases from a hazardous waste disposal site may intervene as of right under Federal Rule of Civil Procedure 24(a)(2) in a government action to force the site owner and waste generators and transporters to clean up the site. Concerned Neighbors...

The court holds that the Corps of Engineers satisfied the National Environmental Policy Act's (NENVIRONMENTAL PROCTECTION AGENCY's) requirements to take a "hard look" at the environmental consequences of a dam on the Rogue River in Oregon and was not required to consider the cumulative impacts of th...

The court holds that tort claims arising from alleged exposure to low levels of radioactivity are not preempted by the Atomic Energy Act (AEA), or barred by the political question doctrine, and that Missouri law may allow claims in strict liability for abnormally dangerous activities involving radia...