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Byrd v. EPA

The court affirms a district court's grant of summary judgment to the U.S. Environmental Protection Agency (EPA) on a toxicologist's claim that EPA violated the Federal Advisory Committee Act (FACA) by hiring a contractor to convene and...

The Citizen Petition Process Under NAFTA's Environmental Side Agreement: It's Easy to Use, But Does It Work?

The relationship between trade and the environment was perhaps the hottest issue in the debate over the North American Free Trade Agreement (NAFTA) in 1993.1 The North American Agreement on Environmental...

Region 8 Forest Serv. Timber Purchasers Council v. Alcock

The court holds that timber companies and an industry trade association lack standing to bring claims under the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the National Forest Management Act (NFMA)...

Sharps v. U.S. Forest Serv.

The court holds that the issuance of an October 1990 decision memo by the Fall River District Ranger, which implemented an August 1989 decision notice issued by the Forest Supervisor requiring consolidation of black-tailed prairie dog...

Drafting Standing Affidavits After Defenders: In the Court's Own Words

Editors' Summary: The U.S. Supreme Court's recent decision in Lujan v. Defenders of Wildlife, raises the threshold requirements that an environmental plaintiff must meet to establish its standing to sue. Although the...

Lujan v. Defenders of Wildlife: The Supreme Court's Slash and Burn Approach to Environmental Standing

Editors' Summary: Lujan v. Defenders of Wildlife (Defenders), the Supreme Court's June 1992, decision limiting environmentalists' standing to challenge agency programs, envisions judges' roles in environmental law...

Foundation on Economic Trends v. Watkins

The court holds that two nonprofit organizations and an individual author lack standing to challenge the alleged failure of the Secretaries of Energy, Agriculture, and the Interior to comply with the National Environmental Policy Act (...