The court holds that the Corps of Engineers exceeded its authority under Rivers and Harbors Act (RHA) §10 and Federal Water Pollution Control Act (FWPCA) §404 by basing its denial of a dredge and fill permit for construction of a shopping mall in North Haven, Connecticut, on socioeconomic harms th...

The court holds that the American Petroleum Institute is not entitled to intervene as of right in a citizen suit brought under Clean Air Act §304(a) seeking to compel New York to implement ozone control strategies contained in its state implementation plan, and to compel the Environmental Protectio...

The court rules that the 60-day notice requirement in §7002(b) of the Resource Conservation and Recovery Act (RCRA) is jurisdictional. The plain language of §7002(b) demonstrates that 60 days' notice is required before commencement of a citizen suit. Strict application of the notice provision is s...

The court holds that the Environmental Protection Agency (EPA) exceeded its authority under the Clean Air Act by approving the ozone and carbon monoxide measures in California's South Coast Air Basin state implementation plan (SIP) without requiring a demonstration of attainment by the December 31, ...

The court holds that a 1925 statute authorizing migratory bird subsistence hunting in Alaska does not supersede the 1918 Migratory Bird Treaty Act (MBTA) or its implementing regulations, which prohibit subsistence hunting of migratory game birds during the closed season. The court first holds that p...

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...