Justia Environmental Law Opinion Summaries

In these consolidated appeals, the court addressed the propriety of various actions taken by the EPA under the Clean Air Act, 42 U.S.C. 7401, with respect to Montana air quality from 1993 to 2008. In No. 02-71657, Montana Sulphur sought review of the EPA's final rule which partially disapproved a proposed revision to Montana's State Implementation Plan (SIP) governing sulfur dioxide (SO2). In No. 08-72642, Montana Sulphur sought review of the EPA's April 2008 final rule promulgating a Federal Implementation Plan (FIP) for the State of Montana's SO2 emissions. Because the court concluded that the agency did not act arbitrarily or capriciously with respect to either the SIP or FIP, the court denied both petitions for review. View "Montana Sulphur, et al. v. EPA" on Justia Law

This case arose out of three applications by the TRRC to build a a railroad line in Southeastern Montana to haul coal. The Board, or its predecessor, approved each of the three applications (TRRC I, II, and III). Petitioners challenged TRRC II and III on a number of environmental and public convenience and necessity grounds. The court held that the Board failed to take the requisite "hard look" at certain material environmental impacts inherent in TRRC II and III in the manner required by the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., prior to approving those applications. The court further held that the Board did not err in its public convenience and necessity analyses, except with respect to its reliance on the viability of TRRC II during the approval of TRRC III. View "Northern Plains, et al. v. Surface Transp." on Justia Law

Plaintiffs challenged the 2006 Gallatin National Forest Management Plan prepared by the United States Forest Service, arguing that the travel plan violated the Montana Wilderness Study Act of 1977, 16 U.S.C. 1131. The court held that the Study Act required the Service to ensure that current users of a wilderness study area were able to enjoy the wilderness character of the area as it existed in 1977, pending a congressional decision on whether to designate the area as wilderness. In this case, the Service had not adequately explained how the 1977 wilderness character of the relevant study area had been maintained despite an increase in the volume of motorized and mechanized recreation in the area. Therefore, the court concluded that the Service's adoption of the travel plan was arbitrary and capricious and affirmed the district court's decision finding that the Service's actions violated the Administrative Procedures Act (APA), 5 U.S.C. 500 et seq. View "Montana Wilderness Assoc., et al. v. McAllister, et al." on Justia Law

This case involved the U.S. Fish and Wildlife Service's (Service) removal of the Yellowstone grizzly bear from the threatened species list. The court affirmed the district court's ruling that the Service failed to articulate a rational connection between the data in the record and its determination that whitebark pine declines were not a threat to the Yellowstone grizzly, given the lack of data indicating grizzly population stability in the face of such declines, and the substantial data indicating a direct correlation between whitebark pine seed availability and grizzly survival production. The court held, however, that the Service's determination regarding the adequacy of the existing regulatory mechanisms was reasonable and reversed the district court.

Plaintiff appealed the district court's grant of summary judgment in favor of the U.S. Fish and Wildlife Service and Revett Silver Company in an action brought pursuant to Section 7 of the Endangered Species Act, 16 U.S.C. 1536(a)(2), which required federal agencies to consult with the Fish and Wildlife Service before undertaking any action "authorized, funded, or carried out" by the agency that might "jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat" used by any endangered or threatened species. The court held that the Fish and Wildlife Service's determination that a copper and silver mine in northwest Montana would entail "no adverse modification" to bull trout critical habitat and would result in "no jeopardy" to grizzly bears was not arbitrary, capricious, or in violation of the Endangered Species Act. Therefore, the court affirmed the judgment.

This case stemmed from the USFS's issuance of a revised Travel Management Plan governing recreational motorized and nonmotorized use on 1.1 million acres of the Lewis and Clark National Forest, including the Middle Fork Judith Wilderness Study area. At issue was whether the Travel Management Plan violated the Montana Wilderness Study Act of 1977 (Study Act), Pub. L. No. 95-150, section 3(a), 91 Stat 1243, and the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq. The court held that nothing in the Study Act, which required the USFS to manage a wilderness study area so as to "maintain" its wilderness character as it existed in 1977, prohibited the USFS from exercising its discretion to enhance the wilderness character of a study area. The court also held that NEPA did not require the USFS to prepare a supplemental draft environmental impact statement (EIS) where, as here, the final decision made only minor changes and was qualitatively within the spectrum of the alternatives discussed in the draft EIS. Accordingly, the court reversed the judgment of the district court.

Defendant was convicted after a three-day jury trial of four counts of injecting fluids into deep wells without a permit, in violation of the Safe Drinking Water Act (SDWA), 42 U.S.C. 300h-2(b)(2). Defendant was also convicted of one count of making a "materially false" statement in a "matter within the jurisdiction" of the United States, in violation of 18 U.S.C. 1001(a)(2). Defendant timely appealed. The court affirmed Counts One through Four under section 300h-2(b)(2) and held that the government was required to prove only that defendant willfully injected water into a well more than eighteen feet deep without a permit, knowing that a permit was required under Idaho law; the reference in 40 C.F.R. 147.650(a)(7) to specific provisions of Idaho law, including those applicable to permitting, make clear that the entire Idaho permitting process was approved and incorporated into the SDWA; and that section 300h-2(b)(2) did not exceed Congress' authority under the Commerce Clause. The court affirmed Count Five under section 1001(a)(2) where defendant made a false statement in a matter within the jurisdiction of the United States. The court held that the district court did not abuse its discretion in holding that its limiting instruction and the stipulation cured any possible prejudice that might have been caused by the three references to "waste" and brief display. The court also held that testimony from a supervisor at the Idaho Department of Agriculture was used for the purpose of showing that defendant injected fluids "willfully" and that the testimony was a small part of the evidence presented to the jury that defendant acted "willfully." Thus, if there was any error in presenting the testimony, the error was harmless. Accordingly, the court affirmed the judgment.

This case arose when the Port of Los Angeles prohibited motor carriers from operating drayage trucks on port property unless the motor carriers entered into concession agreements with the port. The concession agreements set forth fourteen specific requirements covering, among other things, truck driver employment, truck maintenance, parking, and port security. The agreements were adopted as part of the port's "Clean Truck Program," adopted in response to community opposition that had successfully stymied port growth. Plaintiff challenged the concession agreements, arguing that they were preempted by the Federal Aviation Administration Authorization Act (FAAA Act), 49 U.S.C. 14501 et seq. The court held that the district court meticulously identified and applied the governing law. The court affirmed the district court's holding that the financial capability, maintenance, off-street parking, and placard provisions were not preempted. The court reversed the district court's conclusion that the employee-driver provision was saved from preemption by the market participant doctrine, and remanded for further proceedings.

Protrero Hills Landfill, a privately owned solid waste and recycling business in Solano County, and twenty-two related businesses appealed the dismissal on Younger v. Harris abstention grounds of their 42 U.S.C. 1983 action for declaratory and injunctive relief, challenging the constitutionality of a voter-enacted county ordinance restricting the import of out-of-county solid waste into Solano County. The court held that Younger abstention did not apply here because a federal court's exercise of jurisdiction over Protrero Hill's claim would not interfere with the state's exercise of basic state function and would not offend the principles of comity and federalism that Younger abstention was designed to uphold. Accordingly, the court vacated and remanded, asking the district to consider whether R.R. Comm'n of Tex. v. Pullman rather than Younger abstention might be appropriate.

Plaintiffs, 134 farmers whose crops suffered as a result of the federal Bureau of Land Management's (BLM) use of the herbicide Oust, sued the federal government and Oust's manufacturer (DuPont). Both the jury and the district court allocated 60% of the fault to DuPont and 40% to the federal government. Both the government and DuPont appealed: the court resolved the government's appeal in this opinion and DuPont's appeal in a memorandum disposition filed simultaneously with this opinion. The court held that it lacked subject mater jurisdiction over plaintiffs' Federal Tort Claims Act (FTCA), 28 U.S.C. 2402, claims because plaintiffs filed their lawsuit one day after the FTCA's statute of limitations had run. Therefore, the court held that the district court erred by not dismissing the claims against the federal government.