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American Cetacean Soc'y v. Baldrige

The court holds that the Secretary of Commerce has a non-discretionary duty under the Pelly Amendment to the Fisherman's Protective Act and the Packwood-Magnuson Amendment to the Fishery Conservation and Management Act to certify that Japan "diminish[ed] the effectiveness" of the International Conve...

Sierra Club v. Union Oil Co. of Cal.

The court holds that plaintiff has standing to bring a citizen suit under §505 of the Federal Water Pollution Control Act alleging violations of the terms of defendants' national pollutant discharge elimination system permit for discharges into San Pablo and San Francisco bays and denies defendants...

National Wildlife Fed'n v. Hodel

The court holds that the Fish and Wildlife Service has violated the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA) by allowing the hunting of migratory birds with lead shot in areas in five states. The court first holds that the defendants have violated NEPA in not pre...

Oil, Chem., & Atomic Workers Int'l Union v. Zegeer

The court holds that the Mine Safety and Health Administration (MSHA) is not unreasonably delaying its rulemaking to tighten standards protecting miners from exposure to the radioactive decay products of radon gas. The court first holds that it may review the claim of agency delay. Since the agency ...

Outboard Marine Corp. v. Thomas

The court rules that §104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes the Environmental Protection Agency (EPA) to enter private property on which hazardous substances have been disposed, utilizing an ex parte warrant, to study the site and as...

Alcolac, Inc. v. Wagoner

The court upholds the Environmental Protection Agency's (EPA's) determination that information about plaintiff's plant and wastewater treatment system submitted with a Resource Conservation and Recovery Act permit application was not entitled to confidentiality. The court first rules in a note that ...

Sierra Club v. Marsh

The court rules that under the National Environmental Policy Act (NEPA), the Corps of Engineers and the Federal Highway Administration incorrectly ignored secondary effects from planned industrial development in deciding not to prepare an environmental impact statement (EIS) on a proposed cargo port...

Granite Rock Co. v. California Coastal Comm'n

The court rules that California's mining permit requirement under its Coastal Zone Management Act (CZMA) program is preempted in national forests by the Mining Law of 1872 and Forest Service regulations. The court first rules that the CZMA does not neutralize the effect of other federal laws on land...

Association Concerned About Tomorrow, Inc. v. Dole

The court holds that environmental impact statements (EISs) prepared in the early 1970s for the construction of two highways that were never built may serve for a new construction proposal, if defects in the discussion of environmental effects and alternatives are cured in a supplemental EIS, and th...

National Wildlife Fed'n v. U.S. Forest Serv.

The court rules that loggers lack standing under the National Environmental Policy Act (NEPA) to seek discharge of unprofitable contracts to harvest timber on Forest Service land. The court first holds that it has jurisdiction to hear only one of the loggers' NEPA claims. The claims that a Forest Se...