The court holds that a citizens' group that challenged the Environmental Protection Agency's (EPA's) decision to issue an interim tolerance for ethylene dibromide (EDB) is not entitled to attorney fees under the Equal Access to Justice Act (EAJA). The court had initially held that EPA acted arbitrar...
The court upholds the Environmental Protection Agency's (EPA's) disapproval of Arizona's state implementation plans (SIPs) for Maricopa and Pima Counties for carbon monoxide (CO) and ozone, and the agency's imposition of a contruction ban on new CO sources. The court holds that EPA's original condit...
The court rules that a person seeking review under 28 U.S.C. §2344 of a decision by the Nuclear Regulatory Commission (NRC) must have been a party to the agency proceedings. Petitioners challenge a November 21, 1984, NRC order allowing restart of part of the San Onofre, California, nuclear reactor ...
The court holds that the district court's award of attorney fees in a citizen suit under §520 of the Surface Mining Control and Reclamation Act (SMCRA) was proper as to the number of billable hours and the award of nontaxable litigation expenses, but the district court abused its discretion in sett...
The court determines the appropriate extent of an injunction against further construction of the Elk Creek Dam in Oregon pending the Corps of Engineers' compliance with the National Environmental Policy Act (NEPA). The 9th Circuit had held that the Corps' wildlife mitigation plan was incomplete, new...
The court holds that the scheme of rulemaking and enforcement set out in New Jersey's state implementation plan (SIP) pursuant to the Clean Air Act (CAA) for reduction of ozone constitutes a binding obligation on the New Jersey government, and New Jersey is liable for failure to implement the SIP's ...
The court holds that a land exchange under §206 of the Federal Land Policy and Management Act (FLPMA) involving land holdings within Grand Teton National Park and federal coal-bearing lands in Wyoming is in the public interest despite potential anticompetitive effects. Three universities and a rese...
The court holds that defendants involved in the release of waste oil contaminated with dioxin and trichlorophenol (TCP) at six sites in Missouri are jointly and severally liable under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs in...
The court holds that the Clean Air Act does not preempt property owners' state law nuisance claim against an out-of-state company for alleged air pollution damages from the company's pulp and paper mill, and the law of the source state applies. Plaintiffs, Vermont property owners along interstate La...
The court rules that where the Secretary of Agriculture takes actions within wilderness areas that are solely for the benefit of outside private interests, the Wilderness Act requires him to demonstrate that the action is necessary to effectively control threatened outside harm. The court first hold...