The court holds that the Forest Service's decision to issue a special use permit for a ski resort in Okanogan National Forest in Washington is reviewable under the Administrative Procedure Act (APA), and the Forest Service's environmental impact statement (EIS) inadequately discusses alternatives to...

The court holds that a public interest group's attorneys fees are appropriate under the Freedom of Information Act, ELR STAT. ADMIN. PROC. 011, where it substantially prevailed against the Nuclear Regulatory Commission, which had denied it information concerning the design of a nuclear reactor and w...

The court invalidates the Food and Drug Administration's (FDA's) approval of two color additives under the Federal Food, Drug, and Cosmetic Act (FFDCA) that the FDA concluded have trivial cancer risks, since regulation of color additives under the FFDCA is not subject to a de minimis exception. Assu...

The court upholds the convictions of three county water resource district board members for damaging federal waterfowl easements in North Dakota in violation of the National Wildlife Refuge Act (NWR Act). The water board conducted two drainage projects in which it dug ditches through wetlands subjec...

The court holds that the United States may not amend its complaint in an action under the Comprehensive Environmental Response, Compensation, and Liability Act to add third-party defendants as defendants, a third-party defendant may not file a fourth-party complaint against transporters, third-party...

The court holds that residents of Dowagiac, Michigan, who allege that they have suffered severe injuries from trichloroethylene (TCE) and other toxic chemicals released from defendant's plant into their drinking water have not shown a genuine issue of material fact for their claim of increased cance...

The court holds that the Endangered Species Act (ESA) applies to noncommercial hunting of the endangered Florida panther by Indians on the Seminole reservations, and the ESA's prohibition against possession of the endangered Florida panther does not unconstitutionally infringe upon a Seminole Indian...

The court upholds the Environmental Protection Agency's (EPA's) decision to defer consideration of all applications for ocean dumping permits for ocean incinerators under the Marine Protection, Research, and Sanctuaries Act (MPRSA) pending promulgation of new regulations specifically governing ocean...

The court holds that potentially responsible parties (PRPs) in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action are not constitutionally entitled to de novo review of the Environmental Protection Agency's (EPA's) choice of a remedial response, alt...

The court holds that environmental groups are entitled to attorney fees and expenses in a Federal Water Pollution Control Act (FWPCA) citizen suit that resulted in a consent decree in which defendant agreed to make a $49,000 contribution to an environmental organization, but the district court prope...