The court rules that neither the Resource Conservation and Recovery Act (RCRA) nor the Federal Water Pollution Control Act (FWPCA) provides a private right of recovery for damages, that the 60-day notice requirements in the citizen suit provision of the two statutes are jurisdictional, and that §10...
The court holds that the Environmental Protection Agency's (EPA's) proposal to conduct a remedial investigation and feasibility study under the Comprehensive Environmental Response, Compensation, and Liability Act is not a final agency action. The proposal is therefore not reviewable under Administr...
The court holds that the United States Fish and Wildlife Service (FWS) complied with the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA) when it issued a permit under ESA §10(a) authorizing the taking of an endangered species of butterfly in connection with development...
The court holds that a country may refuse to participate in off-site emergency evacuation planning for a proposed nuclear power plant without violating the Supremacy Clause or the due process or equal protection rights of the nuclear license applicant. The court preliminarily decides to address inte...
The court rules that §7002 of the Resource Conservation and Recovery Act (RCRA) requires actual notice of intent to sue before filing a citizen suit and that the Act forecloses claims under the Civil Rights Act. The court first rules that §7002 requires actual notice. The statutory language is una...
The court holds that the Army need not prepare an environmental impact statement (EIS) for the contemplated testing of genetically altered materials at the proposed Aerosol Test Facility at the Dugway, Utah, proving ground, but holds that the environmental assessment (EA) on renovation of the facili...
The court first holds that the Occupational Safety and Health Act's (OSH Act's) hazard communication standard, which requires employers in the manufacturing sector to inform employees of potentially hazardous materials in the workplace, is a §6 standard, not a §8 regulation, and is therefore revie...
The court holds that the Forest Service, the Bureau of Land Management, and other agencies violated the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA) by failing to comprehensively analyze the effects of oil and gas leasing on the Flathead and Gallatin National Forests...
The court denies a preliminary injunction against construction on the Vine Street Expressway while an administrative decision on whether to prepare a supplemental environmental impact statement (SEIS) on simultaneous construction is pending, because no irreparable harm is likely before that decision...
The court holds that the appeals courts have original and exclusive jurisdiction over a Department of Energy rule promulgated under §302(a)(3) of the Nuclear Waste Policy Act (NWPA), and that the rule, establishing a one-time fee based on the volume of spent nuclear fuel rather than the amount of e...