The court holds that a surface impoundment for hazardous waste is subject to regulation under the Resource Conservation and Recovery Act (RCRA) and the New York State Environmental Conservation Law. Although the hazardous emissions dust was placed in the related landfill prior to the effective date ...

The court holds a developer in civil contempt for violating a court order by failing to conduct restoration activities in a wetlands area and by placing additional fill in the area, and for violating a consent order requiring removal of sidewalks built in the wetlands. The court first holds that the...

The court holds that the government's suspension of mineral leasing and failure to act on pending lease applications and offers in certain national forests violated the Energy Security Act and was an unlawful withdrawal in violation of the Federal Land Policy and Management Act (FLPMA). At the reque...

The court holds that the Environmental Protection Agency (EPA) may not recover Federal Water Pollution Control Act (FWPCA) sewage treatment funds from a sanitation district that used the funds to purchase land to replace natural wetlands destroyed during construction of a disposal facility at the di...

The court holds that environmental groups challenging the Alabama Department of Environmental Management's (ADEM's) procedures for issuing coastal construction permits are not aggrieved parties under Alabama law. The court rules that only those persons who own land affected by the issuance of a cons...

The court holds that in selecting Staten Island, New York, as the homeport for the U.S.S. Iowa and associated ships, the Navy did not violate the National Environmental Policy Act (NEPA) by considering operational and housing aspects of the homeport in different environmental documents. The Navy had...

The court rules that the Noise Control Act (NCA) does not facially preempt Delaware's noise control statute and regulations. Delaware had threatened to enjoin alleged violations of its regulations by refrigerated shipping units at plaintiffs' railyard. The federal Environmental Protection Agency (EP...

The court holds that the Forest Service must provide administrative appeals for National Environmental Policy Act (NEPA) claims regarding its sale of timber in the Willamette National Forest, Oregon, and while the Federal Water Pollution Control Act (FWPCA) citizen suit provision does not provide a ...

The court upholds the Environmental Protection Agency's (EPA's) rule under §4 of the Toxic Substances Control Act requiring manufacturers to test fluoroalkelenes for their potential adverse health effects. The decision to promulgate the testing rule was supported by substantial evidence, since EPA ...

The court holds that the Environmental Protection Agency's (EPA's) procedures for issuing Resource Conservation and Recovery Act (RCRA) permits are the functional equivalent of an environmental impact statement (EIS). The court first holds that it has subject matter jurisdiction to consider the need...