The court rules that although the Environmental Protection Agency (EPA) has listed plaintiffs' property on the National Priorities List (NPL) and advised plaintiffs of potential liability for cleanup, plaintiffs' suit for declaratory judgment on liability and eligibility for cost reimbursement under...

The court holds that the Army Corps of Engineers violated the National Environmental Policy Act (NEPA) by granting permission for a wetlands development project on a relatively pristine part of west Galveston Island, Texas, without preparing an environmental impact statement (EIS) analyzing the cumu...

The court rules that the congressional designation of plaintiffs' land as a coastal barrier ineligible for flood control insurance is rationally related to the purposes of the Coastal Barrier Resources Act (CBRA). First, the court holds that enactment of the CBRA moots any challenge to a coastal bar...

The court affirms the Environmental Protection Agency's (EPA's) disapproval of a delayed compliance order (DCO) issued by the Indiana Air Pollution Control Board to Bethlehem Steel Corp., holding that the DCO is inconsistent with EPA's valid partial approval of a revision to the Indiana state implem...

The court holds that an Alaska statute prohibiting the discharge into state territorial waters of any ballast water from the oil cargo tanks of vessels is not preempted by federal laws that also regulate ballast water discharges. Coast Guard regulations under the Ports and Waterways Safety Act as am...

The court rules that the Tennessee Water Quality Board acted within its powers in granting certification under §401 of the Federal Water Pollution Control Act for construction of the Columbia Dam on the Duck River even though the Board found the dam would cause periodic violations of the state wate...

The court holds that a proposed increase in the sulfur content of the fuel burned at existing units of a Hawaiian Electric Company power plant is a "major modification" requiring prevention of significant deterioration (PSD) review under the Clean Air Act despite the company's contention that the lo...

The Tenth Circuit Court of Appeals reverses a district court order denying a motion for a preliminary injunction to stay implementation of a program for the reduction of grazing allotments on the public land. The court of appeals first determines that the case has not been rendered moot by interveni...

The court dismisses two counts in a citizen suit alleging violations of applicable air pollution control requirements after ruling that it lacks jurisdiction under §304 of the Clean Air Act to consider claims against individual corporate officers or for civil penalties. Because §113 of the Act exp...

The court affirms a lower court's judgment denying plaintiff's request for an injunction against further construction of an interstate highway segment outside Washington, D.C. The court upholds as amply supported by the record the district court's conclusion that the highway is being constructed in ...