name_abbreviation stringlengths 9 129 | decision_date timestamp[s] | text stringlengths 61 314k |
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Consejo de Desarrollo Economico de Mexicali, A.C. v. United States | 2007-04-06T00:00:00 | THOMAS, Circuit Judge.
This case involves a dispute over a Bureau of Reclamation project to build a concrete-lined canal to replace an unlined portion of the All-American Canal. The district court denied declaratory and in-junctive relief. A motions panel of our Court granted a temporary injunction halting work on the ... |
Safeco Insurance Co. of America v. City of White House | 1999-09-20T00:00:00 | OPINION
BOGGS, Circuit Judge.
Safeco Insurance Company of America and Eatherly Construction Company appeal from two final orders of the district court. Appellants believe that the district court made several errors in the case, which involves an alleged breach of contract by Eatherly. Also, the contract incorporated EP... |
International Paper Co. v. Town of Jay | 1991-03-21T00:00:00 | JOHN R. BROWN, Senior Circuit Judge:
The International Paper Company (“IP”), an industry operating in the town of Jay, Maine (“the Town” or “Jay”), brought suit to invalidate and enjoin enforcement of a municipal ordinance (“the Ordinance”) which regulated the emission of pollutants by Jay industries, including IP. IP ... |
Adler v. Lewis | 1982-04-30T00:00:00 | J. BLAINE ANDERSON, Circuit Judge:
The plaintiffs, numerous environmental organizations and one private citizen, appeal from the district court’s judgment dissolving the injunction prohibiting acquisition of right-of-way for the proposed highway expansion by State and Federal defendants.
This appeal involves yet anothe... |
Adler v. Lewis | 1982-04-30T00:00:00 | SNEED, Circuit Judge,
Concurring:
I concur in the majority opinion, save for section II.B. With respect to it I concur in its result and add these observations.
I.
Under section 4(f) of the Department of Transportation Act of 1966, 49 U.S.C. § 1653(f) (1970), the Secretary of Transportation, as Judge Anderson points ou... |
Aberdeen & Rockfish Railroad v. Students Challenging Regulatory Agency Procedures | 1972-07-19T00:00:00 | Mr. Chief Justice Burger, Circuit Justice.
These applications request me, as Circuit Justice for the District of Columbia Circuit, to stay a preliminary injunction entered by a three-judge United States District Court for the District of Columbia. The applicants are the Interstate Commerce Commission and a long list of... |
Ass'n of American Railroads v. South Coast Air Quality Management District | 2010-09-15T00:00:00 | OPINION
GRABER, Circuit Judge:
An array of federal, state, and local laws governs the operation of railroads, including laws that regulate the effect of the railroad industry on the environment. Here, a local governmental agency enacted rules aimed at limiting the air pollution created by idling trains. Several entitie... |
Defenders of Wildlife v. North Carolina Department of Transportation | 2014-08-06T00:00:00 | Affirmed in part, reversed in part, and remanded by published opinion. Judge WYNN wrote the opinion, in which Judge DUNCAN and Judge CHILDS joined.
WYNN, Circuit Judge:
At the heart of this case are the past and future of the Outer Banks, barrier islands along North Carolina’s Atlantic coast. For decades, the Herbert C... |
American Rivers, Inc. v. United States Army Corps of Engineers | 2005-08-16T00:00:00 | GRUENDER, Circuit Judge.
In these consolidated appeals, various parties challenge the operation of the Missouri River main stem reservoir system by the United States Army Corps of Engineers (“the Corps”) and associated wildlife assessments produced by the United States Fish and Wildlife Service (“FWS”). The district co... |
United States v. Hansen | 2001-08-24T00:00:00 | PER CURIAM:
Alfred R. Taylor, Christian A. Hansen, and Randall W. Hansen appeal their convictions for conspiracy to commit environmental crimes, violating the Clean Water Act, violating the Resource Conservation and Recovery Act, and violating the Comprehensive Environmental Response, Compensation, and Liability Act. O... |
American Mining Congress v. Thomas | 1985-09-03T00:00:00 | LOGAN, Circuit Judge.
These consolidated cases involve challenges to the Environmental Protection Agency’s (EPA) standards for the cleanup and disposal of uranium mill tailings originating from designated inactive mill sites. The EPA established these standards pursuant to its authority under the Uranium Mill Tailings ... |
Association of Pacific Fisheries v. Environmental Protection Agency | 1980-02-04T00:00:00 | KENNEDY, Circuit Judge:
In 1972 Congress, intending “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters,” amended the Federal Water Pollution Control Act (Act), 33 U.S.C. § 1251 'et seq. Congress established national pollution goals to be achieved by specific dates. By July ... |
American Meat Institute v. Environmental Protection Agency | 1975-11-24T00:00:00 | TONE, Circuit Judge.
This is a review of effluent limitations promulgated by the Administrator of the Environmental Protection Agency under the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1251 et seq., 86 Stat. 816 et seq. (hereinafter “the Act”). Petitioner is the American Meat Institute (“AMI”... |
Michigan Department of Environmental Quality v. United States Environmental Protection Agency | 2003-01-23T00:00:00 | OPINION
MERRITT, Circuit Judge.
In this environmental case arising under section 402 of the Federal Water Pollution Control Act, 33 U.S.C. § 1342, the narrow question before us is one of procedural default. The Environmental Appeals Board held that the Michigan Department of Environmental Quality, a state agency, did n... |
Natural Resources Defense Council v. United States Environmental Protection Agency | 2002-02-13T00:00:00 | THOMAS, Circuit Judge.
Petitioners seek review of permits issued by the United States Environmental Protection Agency (“EPA”) authorizing the operators of log transfer facilities in Aaska to release bark and woody debris into marine waters. We conclude that the EPA faded to provide adequate notice and opportunity for c... |
Miller v. Campbell County | 1991-09-24T00:00:00 | EBEL, Circuit Judge.
The plaintiffs-appellants, former homeowners in the Rawhide Village subdivision of Campbell County, Wyoming, seek damages for harm suffered when Rawhide Village was declared uninhabitable by the county commissioners of Campbell County. The plaintiffs filed suit against the Campbell County commissio... |
Davis Enterprises v. United States Environmental Protection Agency | 1989-06-27T00:00:00 | OPINION OF THE COURT
SLOVITER, Circuit Judge.
I.
The appellants before us, Davis Enterprises et al., who are the defendants in private civil litigation, sought permission from the Environmental Protection Agency (EPA) to take the deposition of an agency employee as a fact witness for use in refuting damage claims broug... |
Davis Enterprises v. United States Environmental Protection Agency | 1989-06-27T00:00:00 | WEIS, Circuit Judge,
dissenting.
I agree with the majority that the EPA’s action here is subject to review by the courts. I dissent, however, from the holding that the agency’s action was not arbitrary and capricious.
The right of a governmental agency to withhold information and testimony from judicial proceedings is ... |
Kennecott v. Agency | 1985-12-26T00:00:00 | WILKINSON, Circuit Judge:
Petitioners challenge the effluent limitations set by the Environmental Protection Agency for the non-ferrous metals manufacturing industry. EPA established the limitations in a rulemaking pursuant to the Clean Water Act of 1977, 33 U.S.C. §§ 1251-1376 (1982). Congress passed the Clean Water A... |
Ford Motor Credit Co. v. S. E. Barnhart & Sons, Inc. | 1981-11-16T00:00:00 | OPINION OF THE COURT
WEIS, Circuit Judge.
Devastation of the Pennsylvania landscape caused by irresponsible strip mining prompted the legislature to enact a comprehensive statute governing the conduct of mine operators and providing for administrative enforcement. In response to a legislative delegation of authority, t... |
National Indian Youth Council v. Watt | 1981-11-12T00:00:00 | BREITENSTEIN, Circuit Judge.
This appeal challenges the district court’s action sustaining the approval by the Interior Department of a lease and plan for a surface mining, coal operation on the Navajo Reservation in New Mexico. The complaint alleges that the Department violated various federal statutes in granting its... |
Buckeye Power, Inc. v. Environmental Protection Agency | 1973-06-28T00:00:00 | WEICK, Circuit Judge.
The petitioners are public utility companies which operate power plants within the State of Ohio and the Commonwealth of Kentucky. Pursuant to the Clean Air Act Amendments of 1970, 42 U.S.C. §§ 1857 to 1858 (1973 Supp.), Ohio and Kentucky submitted pollution-abatement plans to the Administrator of... |
St. Marys Cement Inc. v. United States Environmental Protection Agency | 2015-03-24T00:00:00 | OPINION
SUTTON, Circuit Judge.
The Clean Air Act enlists the States and the United States to improve visibility in the nation’s federal parks and wilderness areas, among other goals. Part of this effort requires factories to add new pollution-limiting technology. One factory faced with this requirement is St. Marys Cem... |
Riverkeeper, Inc. v. United States Environmental Protection Agency | 2004-02-03T00:00:00 | KATZMANN, Circuit Judge:
We here review an environmental regulation designed to protect fish and other wildlife from harm by structures that withdraw cooling water from the nation’s wa-terbodies. For the most part, we find that the regulation promulgated by the Environmental Protection Agency (the “EPA’ or “Agency”) is... |
Friends of the Bow v. Thompson | 1997-08-27T00:00:00 | EBEL, Circuit Judge.
This case involves a dispute concerning the United States Forest Service’s approval of a timber sale, known as the “Banner Timber Sale,” in the Medicine Bow National Forest. Friends of the Bow (“Friends”), an environmental group, objected to the sale,- and brought suit in the District of Colorado a... |
Western States Petroleum Ass'n v. Environmental Protection Agency | 1996-06-17T00:00:00 | TASHIMA, Circuit Judge:
Title V of the 1990 Clean Air Act Amendments (Title V), 42 U.S.C. §§ 7601, et. seq., established a new operating permit program to be administered pursuant to rules developed by the states and approved by the Environmental Protection Agency (EPA). The State of Washington submitted for EPA approv... |
Madison Gas & Electric Co. v. United States Environmental Protection Agency | 1994-05-27T00:00:00 | POSNER, Chief Judge.
We have consolidated for argument and decision two petitions for review of an order (technically, “final action,” 42 U.S.C. § 7607(b)(1))'by the Environmental Protection Agency awarding to electric utilities allowances for the emission of sulphur dioxide. Acid Rain Allowance Allocations and Reserve... |
Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency | 1992-06-04T00:00:00 | FERGUSON,.Senior Circuit Judge:
The Natural Resources Defense Council (“NRDC”) challenges aspects of the Environmental Protection Agency’s (“EPA”) recent Clean Water Act storm water discharge rule. NRDC argues that the deadlines contained in the rule and the scope of its coverage are unlawful under section 402(i), (p) ... |
Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency | 1992-06-04T00:00:00 | O’SCANNLAIN, Circuit Judge,
concurring in part and dissenting in part:
I concur in Parts I, II.A, II.C.l, II.C.4, II.E, and much of Part II.B of the majority opinion. I dissent from Part II.B.2.C, directing EPA to issue supplemental regulations. I dissent also from Parts II.C.2 and II.C.3, in which the court invalidate... |
Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency | 1986-04-30T00:00:00 | OPINION OF THE COURT
GARTH, Circuit Judge:
These consolidated petitions challenge an amended final rule of the Environmental Protection Agency (EPA), known as the removal credit rule, 49 Fed.Reg. 31212 (1984) (codified at 40 C.F.R. § 403.7), promulgated pursuant to the Federal Water Pollution Control Act (“FWPCA” or “C... |
Illinois State Chamber of Commerce v. United States Environmental Protection Agency | 1985-11-04T00:00:00 | CUDAHY, Circuit Judge.
In 1970, Congress passed the provisions that form the basis of what we know today as the Clean Air Act. Pub.Law No. 91-604, 84 Stat.1676 et seq. (1970) (codified at 42 U.S.C. § 7401 et seq.). At the same time the Environmental Protection Agency (“EPA”) was created by Executive Order. 35 Fed.Reg. ... |
Illinois State Chamber of Commerce v. United States Environmental Protection Agency | 1985-11-04T00:00:00 | COFFEY, Circuit Judge,
dissenting.
The majority concludes that the Environmental Protection Agency (“EPA”) acted arbitrarily and capriciously in failing to adequately explain its basis or theory in denying Kane and Du Page Counties’ request to be reclassified from a status of nonattainment to one of attainment. To supp... |
Wisconsin Electric Power Co. v. Costle | 1983-08-17T00:00:00 | ESCHBACH, Circuit Judge.
We have consolidated these appeals to review two decisions of the Environmental Protection Agency (“EPA”). In No. 80-2734 we review the EPA’s rule designating portions of the city of Milwaukee, Wisconsin as a nonattainment area for the pollutant sulfur dioxide (“SO2”). In No. 82-1724 we review ... |
Sierra Pacific Power Co. v. United States Environmental Protection Agency | 1981-06-05T00:00:00 | BOOCHEVER, Circuit Judge:
This case involves the applicability of the anti-pollution requirements of the Clean Air Act, section 111 (42 U.S.C. § 7411), and the regulations promulgated under that section. Sierra Pacific Power Company and Idaho Power Company appeal Environmental Protection Agency (EPA) decisions holding ... |
PPG Industries, Inc. v. Costle | 1980-09-30T00:00:00 | JOHN W. PECK, Senior Circuit Judge.
Petitioners are four companies with industrial plants in Summit County, Ohio. They challenge the United States Environmental Protection Agency’s designation of part of Summit County as “nonattainment” of the national air-quality standard for the pollutant sulfur dioxide (SO2); by thi... |
Kennecott Copper Corp. v. Environmental Protection Agency | 1979-12-10T00:00:00 | SETH, Chief Judge.
These challenges to the several EPA effluent limitation regulations were combined for this consideration. The cases were held pending the development of supplementary regulations. There follows a consideration of each challenge in a separate section. We have included some record references for the pu... |
Montana Power Co. v. Environmental Protection Agency | 1979-07-16T00:00:00 | EUGENE A. WRIGHT, Circuit Judge:
These consolidated cases are classic examples of the difficulties inherent in interpreting the Clean Air Act, as amended, 42 U.S. C.A. §§ 7401, et seq. (West Supp.1978). At issue is whether Montana Power and others “commenced construction”, under the Clean Air Act and Environmental Prot... |
Appalachian Power Co. v. Train | 1977-11-11T00:00:00 | WIDENER, Circuit Judge:
These cases come before us on petitions to review EPA’s regulations issued under § 316(b) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1251, § 1326(b). Section 316(b) and the regulations under review are discussed in our companion case decided today, Virginia Electr... |
United States Steel Corp. v. Train | 1977-05-13T00:00:00 | TONE, Circuit Judge.
These consolidated cases bring before us an Environmental Protection Agency (EPA) order granting a discharge permit under the Federal Water Pollution Control Act Amendments of 1972 and a related District Court judgment. In No. 76-1616, United States Steel Corporation’s petition for review of EPA’s ... |
Detroit Edison Co. v. United States Environmental Protection Agency | 1974-04-18T00:00:00 | JOHN W. PECK, Circuit Judge.
This case is before us upon petition by the Detroit Edison Company for judicial review pursuant to § 307(b)(1) of the Clean Air Act, 42 U.S.C. § 1857h-5(b)(1) (1970), of a May 14, 1973, regulation promulgated by the Administra» tor of the Environmental Protection Agency (EPA). The May 1973 ... |
Lands Council v. McNair | 2007-07-02T00:00:00 | Opinion by Judge FERGUSON; Concurrence by Judge MILAN D. SMITH, JR.; Concurrence by Judge FERGUSON.
FERGUSON, Circuit Judge:
The Lands Council and the Wild West Institute (collectively, “Lands Council”) appeal the district court’s denial of their motion for a preliminary injunction to halt the Mission Brush Project (“P... |
Lands Council v. McNair | 2007-07-02T00:00:00 | MILAN D. SMITH, JR., Circuit Judge,
specially concurring:
Ecology Center v. Austin, 430 F.3d 1057 (9th Cir.2005) is binding law in this circuit and dictates the outcome of this case. See Gen. Constr. Co. v. Castro, 401 F.3d 963, 975 (9th Cir.2005) (“[W]e are bound by decisions of prior panels unless an en banc decision... |
Lands Council v. McNair | 2007-07-02T00:00:00 | FERGUSON, Circuit Judge,
concurring, in which Judge REINHARDT also concurs.
I write separately to respond to Judge Smith’s special concurrence.
At the outset, I disagree with Judge Smith that Ecology Center was wrongly decided. I see little controversy in holding that an agency’s failure to confirm its hypotheses in a ... |
Florida Power & Light Co. v. Costle | 1981-06-29T00:00:00 | TJOFLAT, Circuit Judge:
Florida Power & Light Company has petitioned for review, pursuant to section 307(b)(1) of the Clean Air Act, 42 U.S.C. § 7607(bXl) (Supp.1979), of a rulemaking action by the Administrator of the Environmental Protection Agency (EPA) taken under section 110 of the Clean Air Act, 42 U.S.C. § 7410 ... |
Kennedy Building Associates v. Viacom, Inc. | 2004-07-15T00:00:00 | JOHN R. GIBSON, Circuit Judge.
Viacom, Inc., the corporate successor to Westinghouse Electric Corporation, appeals the judgment entered against it for damages and injunctive relief and the awards of attorneys’ fees and prejudgment interest in this suit arising out of Westinghouse’s environmental contamination of a site... |
Selkirk Conservation Alliance v. Forsgren | 2003-07-17T00:00:00 | TALLMAN, Circuit Judge.
The issue in this case is whether federal agencies adequately followed our environmental laws both procedurally and substantively in approving a road-building project for Stimson Lumber Company (“Stimson”). Stimson sought an easement in order to access its land surrounded by the Colville Nationa... |
United States v. Deaton | 2003-06-12T00:00:00 | Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge WILKINSON and Judge LUTTIG joined.
OPINION
MICHAEL, Circuit Judge:
This is the second appeal by James and Rebecca Deaton, who were sued by the government under the Clean Water Act (sometimes, “the CWA” or “the Act”), 33 U.S.C. § 1251 et seq.... |
Mitzelfelt v. Department of Air Force | 1990-05-21T00:00:00 | STEPHEN H. ANDERSON, Circuit Judge.
The sole issue in this appeal is whether section 6001 of the Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. § 6961, waives all federal sovereign immunity from state civil penalties. We hold that it does not.
This case arose when the State of New Mexico notified th... |
Illinois v. City of Milwaukee | 1979-04-26T00:00:00 | TONE, Circuit Judge.
The State of Illinois filed this action under the federal common law of nuisance to enjoin the City of Milwaukee and the Sewerage Commissions of the City and County of Milwaukee from discharging raw sewage and inadequately treated sewage into Lake Michigan. Illinois alleged and undertook to prove a... |
Adamo Wrecking Co. v. United States | 1978-01-10T00:00:00 | Mr. Justice Rehnquist
delivered the opinion of the Court.
The Clean Air Act authorizes the Administrator of the Environmental Protection Agency to promulgate “emission standards” for hazardous air pollutants “at the level which in his judgment provides an ample margin of safety to protect the public health.” § 112 (b)(... |
Adamo Wrecking Co. v. United States | 1978-01-10T00:00:00 | Mr. Justice Powell,
concurring.
If the constitutional validity of § 307 (b) of the Clean Air Act had been raised by petitioner, I think it would have merited serious consideration. This section limits judicial review to the filing of a petition in the United States Court of Appeals for the District of Columbia Circuit ... |
Adamo Wrecking Co. v. United States | 1978-01-10T00:00:00 | Mr. Justice Stewart,
with whom Mr. Justice Brennan and Mr. Justice Blacicmun join,
dissenting.
Section 307 (b)(1) of the Clean Air Act provides that a “petition for review of action of the Administrator in promulgating . . . any emission standard under section 112” may be filed only in the United States Court of Appeal... |
Adamo Wrecking Co. v. United States | 1978-01-10T00:00:00 | Me. Justice Stevens,
dissenting.
The reason Congress attached “the most stringent criminal liability,” ante, at 283, to the violation of an emission standard for a “hazardous air pollutant” is that substances within that narrow category pose an especially grave threat to human health. That is also a reason why the Cour... |
Francisco Sánchez v. Esso Standard Oil Co. | 2009-06-19T00:00:00 | LIPEZ, Circuit Judge.
This interlocutory appeal requires us to assess the validity of a preliminary injunction order entered pursuant to the federal Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901-6992k. Invoking RCRA’s citizen-suit provision, which allows private plaintiffs to bring suit to enforce th... |
Rattlesnake Coalition v. U.S. Environmental Protection Agency | 2007-12-07T00:00:00 | GOULD, Circuit Judge:
The Rattlesnake Coalition (“The Coalition”) appeals the district court’s dismissal for lack of subject matter jurisdiction and lack of standing of its action against the United States Environmental Protection Agency (“the EPA”), the Administrator of the EPA, and the City of Missoula (“Mis-soula”).... |
Florence v. Crescent Resources, LLC | 2007-04-18T00:00:00 | COX, Circuit Judge:
We address in these appeals the question of fraudulent joinder of a resident defendant in the context of removal jurisdiction. Applying the rule that any ambiguity or doubt about whether state law might impose liability on a resident defendant favors remand, we conclude that the district court shoul... |
California v. United States Department of the Navy | 1988-04-27T00:00:00 | CHOY, Circuit Judge:
The State of California (“California”) brought this action against the United States Department of the Navy (“Navy”) for alleged violations of a state water pollution discharge permit. The complaint alleges that the Navy violated the terms and conditions of its permit from October 1983 through July... |
Southview Associates, Ltd. v. Bongartz | 1992-10-30T00:00:00 | OAKES, Chief Judge:
This appeal requires us to decide whether the denial, pursuant tó Vermont’s land use statute, Act 250, 10 V.S.A. § 6001 et seq. (1984 & Supp.1991) (“Act 250”), of a permit in respect to a vacation home development in the Green Mountains, gives rise to valid claims for relief under the Fifth and Four... |
Mt. Graham Red Squirrel v. Madigan | 1992-01-21T00:00:00 | ORDER
The opinion filed December 11, 1991, is withdrawn.
OPINION
REINHARDT, Circuit Judge:
This is a case about difficult choices. In 1988, Congress was asked to choose between ensuring that our nation remains a world leader in astrophysical research or protecting from almost certain demise an endangered species on the... |
Montana v. Johnson | 1984-07-30T00:00:00 | CANBY, Circuit Judge:
Montana sued for a declaration that § 505(a)(iv) of the Federal Land Policy Management Act (FLPMA), 43 U.S.C. § 1765(a)(iv) (1976), requires the Bonneville Power Administration (BPA) to obtain state certification before it constructs a ninety-mile power line across federal and nonfederal lands in ... |
Montana v. Johnson | 1984-07-30T00:00:00 | BOOCHEVER, Circuit Judge,
dissenting in part:
I agree with Judge Canby’s opinion except for the holding that the ad hoc, route-specific requirements constitute state standards for the purposes of section 505(a)(iv). I believe that the district court was correct in defining “standard”, as implying some type of preexisti... |
Hanly v. Kleindienst | 1973-09-10T00:00:00 | PER CURIAM:
This is an appeal from a denial of a preliminary injunction which sought to halt the construction of the Metropolitan Correction Center, one of two buildings comprising the Foley Square Courthouse Annex. Except for one point, discussed below, we would affirm the judgment of the lower court solely on the bas... |
City of Sausalito v. O'Neill | 2004-10-20T00:00:00 | WILLIAM A. FLETCHER, Circuit Judge:
The City of Sausalito, California, brings suit to enjoin the National Park Service from implementing its plans for the development and rehabilitation of Fort Baker, a former military base near Sausalito. Sau-salito contends that the National Park Service, the National Marine Fisherie... |
Gibbs v. Babbitt | 2000-06-06T00:00:00 | Affirmed by published opinion. Chief Judge WILKINSON wrote the majority opinion, in which Judge MICHAEL joined. Judge LUTTIG wrote a dissenting opinion.
OPINION
WILKINSON, Chief Judge:
In' this case we ask whether the national government can act to conserve scarce natural resources of value to our entire country. Appel... |
Gibbs v. Babbitt | 2000-06-06T00:00:00 | LUTTIG, Circuit Judge,
dissenting:
I wrote extensively on the Supreme Court’s decision in United States v. Lopez, 514 U.S. 549, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), and on the Commerce Clause in the wake of that decision, in Brzonkala v. Virginia Polytechnic Institute, 169 F.3d 820 (4th Cir.1999). And the Supreme Co... |
Maryland Conservation Council, Inc. v. Gilchrist | 1986-12-22T00:00:00 | HARRISON L. WINTER, Chief Judge:
The Maryland Conservation Council and two other citizens’ groups sought to enjoin officials of Montgomery County, Maryland from authorizing further construction of a highway allegedly designed to pass through Seneca Creek State Park. The plaintiffs alleged, inter alia, that the County’s... |
Friends of Shawangunks, Inc. v. Clark | 1985-01-25T00:00:00 | OAKES, Circuit Judge.
This case presents the novel question whether amendment of a conservation easement acquired in part with federal funds under the Land and Water Conservation Fund Act of 1965 as amended, 16 U.S.C. §§ 460/-4 to 460/-11 (1982), so as to permit expansion ' of a golf course with limited access constitu... |
People v. United States Department of Interior | 1974-07-16T00:00:00 | ALFRED T. GOODWIN, Circuit Judge:
Plaintiffs, citizens of the Trust Territory of the Pacific Islands (known also as Micronesia), sued in the district court to challenge the execution by the High Commissioner of the Trust Territory of a lease permitting Continental Airlines to construct and operate a hotel on public lan... |
People v. United States Department of Interior | 1974-07-16T00:00:00 | TRASK, Circuit Judge
(concurring):
I join in the decision of the majority but follow a different course to the common conclusion.
First of all, it appears clear to me that the Charter of the United Nations is not self-executing and does not in and of itself create rights which are justicia-ble between individual litiga... |
Or. Natural Desert Ass'n v. Rose | 2019-04-25T00:00:00 | GRABER, Circuit Judge:
This litigation arose from the Bureau of Land Management's decisions about the route network for motorized vehicles in the Steens Mountain Cooperative Management and Protection Area ("Steens Mountain Area"). The Bureau issued two plans: the Steens Mountain Travel Management Plan ("Travel Plan") a... |
Simmons v. Smith | 2018-04-30T00:00:00 | KELLY, Circuit Judge.
Lee M. Simmons appeals the decision of the district court granting summary judgment in favor of the National Park Service (NPS). Simmons argues that NPS violated § 706 of the Administrative Procedure Act (APA), 5 U.S.C. § 706, in establishing the boundaries of the Niobrara Scenic River Area (NSRA)... |
Sturgeon v. Frost | 2017-10-02T00:00:00 | Concurrence by Judge Nguyen
OPINION
NGUYEN, Circuit Judge:
John Sturgeon would like to use his hovercraft in a national preserve to reach moose hunting grounds. The State of Alaska is fíne with that; the federal government is not. Sturgeon’s case turns on which entity—state or federal—gets to decide the matter. On rema... |
Sturgeon v. Frost | 2017-10-02T00:00:00 | NGUYEN, Circuit Judge,
with whom Circuit Judge NELSON joins, concurring:
We are bound by our Katie John decisions to analyze this case under the reserved water doctrine. That is unfortunate. A reserved water right is the right to a sufficient volume of water for use in an appropriate federal purpose. See John v. United... |
Herr v. United States Forest Service | 2017-07-26T00:00:00 | OPINION
SUTTON, Circuit Judge.
David and Pamela Herr bought lakefront property on Crooked Lake in the Upper Peninsula of Michigan, hoping to use the lake’s waters for recreational boating and fishing. The United States Forest Service had other plans. Most of Crooked Lake lies in the federally owned Sylvania Wilderness ... |
Herr v. United States Forest Service | 2017-07-26T00:00:00 | DISSENT
BERNICE B. DONALD, Circuit Judge,
dissenting.
I agree with the majority that the Herrs have valid existing rights to which any regulation by the Forest Service must be subservient. I agree also that the district court erroneously concluded that the Herrs’ rights were not “existing” because the Herrs purchased t... |
High Point, LLLP v. National Park Service | 2017-03-08T00:00:00 | ROSENBAUM, Circuit Judge:
Although Otis Redding may have enjoyed wasting time by watching ships roll into the Dock of the Bay, if he were sitting on Cumberland Island’s Brick-Kiln Dock, he truly would be wasting his time, waiting in vain for ships that would never come. That’s because dynamic environmental forces at pl... |
National Parks Conservation Ass'n v. U.S. Department of the Interior | 2016-08-31T00:00:00 | MOORE, District Judge:
This case involves the addition of approximately 112,400 acres of land (“Addition Lands”) to the Big Cypress National Preserve in the State of Florida (“Original Preserve”). The Original Preserve was established by the Big Cypress National Preserve Act, 16 U.S.C. § 698f(a), and consists of over 5... |
Montana Wilderness Ass'n v. Connell | 2013-07-31T00:00:00 | OPINION
FISHER, Circuit Judge:
Plaintiff environmental groups challenge the Bureau of Land Management’s (BLM) Resource Management Plan (RMP) for the Upper Missouri River Breaks National Monument (Monument). The district court granted summary judgment to the defendants on all claims. We affirm in part, reverse in part a... |
Montana Wilderness Ass'n v. Connell | 2013-07-31T00:00:00 | GOULD, Circuit Judge,
concurring in part and dissenting in part:
I concur in the majority opinion’s discussion of the National Environmental Policy Act and the National Historic Preservation Act. I also join the majority’s discussion of the Resource Management Plan’s (RMP) compliance with the Federal Land Policy and Ma... |
Montana Wilderness Ass'n v. McAllister | 2011-12-01T00:00:00 | OPINION
FISHER, Circuit Judge:
A coalition of environmental groups (Montana Wilderness Association, et al., hereinafter MWA) challenges the 2006 Gallatin National Forest Travel Management Plan prepared by the United States Forest Service, arguing that the travel plan violates the Montana Wilderness Study Act of 1977 (S... |
Russell Country Sportsmen v. United States Forest Service | 2011-10-12T00:00:00 | OPINION
FISHER, Circuit Judge:
We decide whether the United States Forest Service’s (Service) 2007 Travel Management Plan for parts of the Lewis and Clark National Forest, including the Middle Fork Judith Wilderness Study Area, violates the Montana Wilderness Study Act of 1977 (Study Act) and the National Environmental... |
Wilderness Watch, Inc. v. U.S. Fish & Wildlife Service | 2010-12-21T00:00:00 | Opinion by Judge GRABER; Dissent by Judge Bybee.
OPINION
GRABER, Circuit Judge:
The Kofa National Wildlife Refuge and Wilderness in southwest Arizona contains a desert ecosystem that is home to, among other species, bighorn sheep. After an unexpected decline in the population of the sheep, the United States Fish and Wi... |
Wilderness Watch, Inc. v. U.S. Fish & Wildlife Service | 2010-12-21T00:00:00 | BYBEE, Circuit Judge,
dissenting:
This should not have been a hard case. For more than seventy years, “[t]he dominant wildlife and habitat management theme for the Kofa ... has been the preservation of the desert bighorn sheep species.” For much of that period, the Fish and Wildlife Service (“Service”), together with t... |
Friends of the Boundary Waters Wilderness v. Bosworth | 2006-02-15T00:00:00 | BYE, Circuit Judge.
The defendants and intervenor defendants, collectively referred to as the United States Forest Service (USFS), appeal the district court’s grant of summary judgment to the plaintiffs, collectively referred to as the Friends of the Boundary Waters (Friends). Specifically, the USFS appeals the distric... |
High Sierra Hikers Ass'n v. Blackwell | 2004-08-25T00:00:00 | HUG, Circuit Judge.
Plaintiffs, High Sierra Hikers Association, et al. (collectively “High Sierra”) brought the present suit against the United States Forest Service (“Forest Service”) seeking declaratory and injunctive relief for management practices in the John Muir and Ansel Adams Wilderness Areas. Plaintiffs are no... |
Wilderness Watch v. Mainella | 2004-06-28T00:00:00 | BARKETT, Circuit Judge:
Wilderness Watch appeals the grant of summary judgment to the National Park Service on its complaint seeking to enjoin the Park Service’s practice of using motor vehicles to transport visitors across the designated wilderness area on Cumberland Island, Georgia. Wilderness Watch asserts that this... |
Norton v. Southern Utah Wilderness Alliance | 2004-06-14T00:00:00 | Justice Scalia
delivered the opinion of the Court.
In this case, we must decide whether the authority of a federal court under the Administrative Procedure Act (APA) to “compel agency action unlawfully withheld or unreasonably delayed,” 5 U. S. C. § 706(1), extends to the review of the United States Bureau of Land Mana... |
Wilderness Society v. United States Fish & Wildlife Service | 2003-12-30T00:00:00 | OPINION
GOULD, Circuit Judge.
We consider an action brought by the Wilderness Society and the Alaska Center for the Environment (“Plaintiffs”) challenging a decision by the United States Fish and Wildlife Service (“USFWS”), to grant a permit for a sockeye salmon enhancement project (“Enhancement Project”) that annually... |
Isle Royale Boaters Ass'n v. Norton | 2003-05-23T00:00:00 | MOORE, delivered the opinion of the court, in which FORESTER, D.J., joined. BATCHELDER, J., joined in J. MOORE’s opinion as to Parts I and II and in the judgment.
OPINION
MOORE, Circuit Judge.
This case involves a challenge to the General Management Plan that the National Park Service issued for Isle Royale National Pa... |
Montana Wilderness Ass'n v. United States Forest Service | 2003-01-06T00:00:00 | OPINION
TROTT, Circuit Judge:
The United States Forest Service (“Forest Service”) and Intervenors, Blue Ribbon Coalition, Inc., et al, appeal the district court’s order (1) determining that it had subject matter jurisdiction over this action under the Administrative Procedures Act (“APA”), and (2) granting the Montana ... |
Southern Utah Wilderness Alliance v. Norton | 2002-08-29T00:00:00 | EBEL, Circuit Judge.
The Southern Utah Wilderness Afiance and a number of other organizations (collectively, SUWA) brought suit in the United States District Court for the District of Utah against the Bureau of Land Management (BLM), alleging, among other claims, that the BLM violated the Federal Land Policy and Manage... |
Southern Utah Wilderness Alliance v. Norton | 2002-08-29T00:00:00 | McKAY, Circuit Judge,
concurring in part and dissenting in part:
While I concur in the result reached by the majority as to Appellants’ NEPA claim, I respectfully dissent in all other respects.
I. Misconstruing the BLM’s Nonimpairment Obligation
The court’s failure to follow well-established precedent which mandates th... |
Newton County Wildlife Ass'n v. Rogers | 1998-04-01T00:00:00 | LOKEN, Circuit Judge.
Newton County Wildlife Association, the Sierra Club, and certain individuals (collectively “the Wildlife Association”) sued the United States Forest Service and four of its employees (collectively the “Forest Service”) to enjoin or set aside four timber sales in the Ozark National Forest. The dist... |
Alaska Wildlife Alliance v. Jensen | 1997-03-06T00:00:00 | OPINION
EUGENE A WRIGHT, Circuit Judge.
We must decide the extent to which federal statutes restrict commercial fishing in Alaska’s Glacier Bay National Park (the Park). We hold that plaintiffs Alaska Wildlife' Alliance and American Wildlands have standing to challenge commercial fishing in the Park’s waters. We furthe... |
Alaska Wildlife Alliance v. Jensen | 1997-03-06T00:00:00 | SCHROEDER, Circuit Judge,
concurring.
I concur in all of the majority opinion except Part II.C.2, dealing with Congressional Intent. With respect to the non-wilderness areas of Glacier Bay National Park, we today decide only that commercial fishing is not expressly prohibited by statute. The Secretary’s proposed regula... |
Clouser v. Espy | 1994-12-07T00:00:00 | THELTON E. HENDERSON, District Judge:
This case is a lawsuit by holders of certain mining claims located on federal land within National Forests. The claim holders challenge rulings by the U.S. Forest Service that, among other things, refused under certain circumstances to permit them to use motor vehicles to access th... |
Smith v. U.S. Forest Service | 1994-08-22T00:00:00 | SCHROEDER, Circuit Judge:
This case involves an environmental challenge to a timber sale and harvest, known as the Gatorson Sale, in the Colville National Forest in Washington. The United States Forest Service has authorized the sale to Vaagen Timber Products, a logging company. The plaintiff-appellant, Mitchell Smith,... |
Northwest Motorcycle Ass'n v. United States Department of Agriculture | 1994-03-17T00:00:00 | ORDER
For the reasons stated in the memorandum opinion of the district court filed on August 7, 1992, in the Eastern District of Washington, we affirm the grant of summary judgment in favor of the appellees.
We adopt the district court’s memorandum opinion as appended, finding it dispositive of all issues on appeal.
AF... |
Voyageurs Region National Park Ass'n v. Lujan | 1992-06-10T00:00:00 | JOHN R. GIBSON, Circuit Judge.
Voyageurs Region National Park Association and a group of six other organizations appeal from the district court’s refusal to enjoin snowmobile use on the Ka-betogama Peninsula within Voyageurs National Park in Minnesota, pending study of the area for wilderness designation pursuant to th... |
Minnesota Public Interest Research Group v. Butz | 1976-08-30T00:00:00 | ROSS, Circuit Judge.
This environmental litigation is before this court en banc for the second time. In Minnesota Public Interest Research Group (MPIRG) v. Butz, 498 F.2d 1314 (8th Cir. 1974) (en banc), we affirmed an order of the district court which temporarily enjoined commercial timber cutting in the Portal Zone of... |
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