The Tennessee Valley Authority (TVA) appeals an injunction requiring immediate installation of emissions controls at four TVA electricity generating plants in Alabama and Tennessee. The injunction was based on the district court’s determination that the TVA plants’ emissions constitute a public ...   MORE>>

Appeal from a judgment of the United States District Court for the Southern District of New York (Lawrence M. McKenna, Judge) holding that Defendants-Appellees complied with the National Environmental Policy Act and the Plant Protection Act when they adopted new regulations for the importation of un...   MORE>>

The City of Pittsfield, Massachusetts asks us to consider whether the Environmental Appeals Board (EAB) improperly declined Pittsfield's petition seeking the Board's review of the Environmental Protection Agency's (EPA) grant of a National Pollutant Discharge Elimination System (NPDES) permit for th...   MORE>>

Reckitt Benckiser, Inc. manufactures pesticides that are subject to regulation under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”), 7 U.S.C. §§ 136–136y. On May 28, 2008, the Environmental Protection Agency issued a Risk Mitigation Decision for Ten Rodenticides (the “RM...   MORE>>

In these consolidated “rails-to-trails” actions, Plaintiffs claim that the Government effected a taking of their properties when it converted an inactive railroad right-of-way stretching from Sarasota to Venice, Florida, to a recreational trail, pursuant to the National Trails System Act Amendme...   MORE>>

Forest Guardians appeals the denial of its petition for review of the U.S. Fish and Wildlife Service’s (“FWS”) decision to reintroduce a nonessential experimental population of endangered Northern Aplomado Falcons (“Falcons”) into southern New Mexico. Forest Guardians contends that the FWS...   MORE>>

“This would have remained a profoundly insignificant case to all except its immediate parties had it not been so tried . . . as to raise questions both fundamental and far-reaching in federal criminal law . . . .” Morissette v. United States, 342 U.S. 246, 257 (1952). And we might add, “No one...   MORE>>

In this case, appellant challenges the constitutionality of a statutory scheme that authorizes the Environmental Protection Agency to issue orders, known as unilateral administrative orders (UAOs), directing companies and others to clean up hazardous waste for which they are responsible. Appellant a...   MORE>>

In this appeal, several environmental and citizens’ groups challenge a 2003 Bureau of Land Management resource management plan amendment allowing natural gas development in Wyoming’s Powder River Basin. The groups argue that the Bureau violated the National Environmental Policy Act when it refus...   MORE>>

Te-Moak Tribe of Western Shoshone of Nevada, a federally-recognized Indian tribe (“the Tribe”), the Western Shoshone Defense Project (“WSDP”), and Great Basin Mine Watch (“GBMW”) (collectively,“Plaintiffs”) appeal the district court’s denial of their motion for summary judgment, an...   MORE>>