The First Circuit affirms the district court's ruling, 12 ELR 20853, that certain of Rhode Island's regulations governing the transportation of hazardous materials are inconsistent with and therefore preempted by the Hazardous Materials Transportation Act (HMTA). The First Circuit adds that the Depa...

The Sixth Circuit affirms a district court ruling that a supplemental negative declaration on a highway extension project satisfied the requirements of the National Environmental Policy Act. The court holds that an environmental impact statement (EIS) is not required on a southern connector route th...

The court denies plaintiffs' request for attorney fees under the Equal Access to Justice Act (EAJA) in a successful challenge to the Secretary of the Interior's transfer of responsibility for managing the Arctic National Wildlife Refuge from the United States Fish and Wildlife Service to the United ...

The court rules that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) imposes retroactive liability on transporters of hazardous wastes for acts that took place prior to the enactment of CERCLA. Ruling on motions to dismiss, the court initially holds that Ohio's app...

The Tenth Circuit affirms the district court's ruling that the Department of the Interior complied with the National Environmental Policy Act and the National Park Service Act in developing a program to eliminate burros from Bandelier National Monument. The court holds that the National Park Service...

The court upholds a revision to a Surface Mining Control and Reclamation Act (SMCRA) regulation governing approval of state regulatory programs changing the definition of "consistent with" from "no less stringent than" to "no less effective than" the federal regulations. Initially, the court notes t...

The court rules that the legislature validly delegated crime-defining powers to the Environmental Control Commission, but that certain of the commission's regulations governing criminal discharge of air pollutants are unconstitutionally vague. The court rules that the legislature may delegate crime-...

The court rules that a California statute banning trade in African elephant products is preempted by §6(f) of the Endangered Species Act (ESA) but not by the Convention on International Trade in Endangered Species (CITES). CITES does not preempt the California statute because it expressly allows si...

The court, reversing in part the district court's ruling, 12 ELR 20179, rules that §6(f) of the Endangered Species Act (ESA) preempts the state of California's statute prohibiting trade in elephant products. Applying the ruling in a companion case, 13 ELR 20477, the court rules that the California ...

The court denies plaintiffs' request for a preliminary injunction to halt geothermal drilling and production activities funded by the Department of Energy (DOE) allegedly in violation of the National Environmental Policy Act (NEPA). First, the court holds that the injunctive relief provided by NEPA ...