The First Circuit held that the U.S. Coast Guard violated NEPA when it issued regulations that preempt state environmental law with respect to tank vessels in Buzzards Bay, Massachusetts. In promulgating the rule, the Coast Guard used a standard environmental checklist that included prompts correspo...
A district court held that FWS complied with NEPA when it approved the opening and expansion of sport hunting in 60 National Wildlife Refuges. Between 1997 and 2005, the FWS issued nine final rules creating or expanding recreational hunting opportunities on 60 wildlife refuges. In 2006, a court...
A district court denied environmental groups' motion to preliminarily enjoin the BLM from authorizing the site clearing and construction of a wind energy facility in Spring Valley, Nevada. The groups are not likely to succeed on the merits of their claim that an EIS was required. The BLM's deci...
A district court held that mining companies violated the selenium effluent limitations set forth in their state-issued NPDES and surface mining permits. The companies had sought permit modifications from the state's environmental agency, and when those requests were denied, the companies appeal...
The Fourth Circuit upheld a lower court's fee award in favor of environmental groups in their CAA case against an energy company. Below, the groups moved for summary judgment on the basis that the company was violating the CAA by constructing a new major source of hazardous air pollution without f...
The D.C. Circuit denied a petition for review challenging EPA's decision granting California a waiver from federal preemption under the CAA that allows the state to implement its own regulations requiring automobile manufacturers to reduce fleet-average greenhouse gas emissions from new motor vehicl...
A district court denied two aviation associations' motions to intervene in a case asking the court to order EPA to use its authority under the CAA to regulate greenhouse gas emissions from marine vessels, aircraft, and other nonroad vehicles. The aviation associations filed the instant motions to in...
United States v. Lookout Mountain Mining & Milling Co., No. 11-0029 (D. Idaho Jan. 25, 2011). Settling CERCLA defendants responsible for violations at the Bunker Hill Mining and Metallurgical Complex Superfund site in northern Idaho must assign their interest in insurance policies to a trust and must pay 2% of net smelter returns from future activities.
United States v. Blue Tee Corp., No. 5:11-civ-04004 (D. Kan. Jan. 14, 2011). A settling CERCLA defendant responsible for violations at three smelting facilities in Kansas must pay trustees a total of $180,298.27 in past assessment costs, future restoration planning costs, and operation and maintenance costs and must arrange for the purchase and transfer of a specified 80-acre parcel of property to offset injured, lost, and destroyed natural resources.
OSM seeks public comment on proposed revisions to Oklahoma's regulatory program under SMCRA that would add size limitations for permanent impoundments, slope limitations affecting post-mine contours. a subsidence allegation reporting requirement, and a requirement for bond calculation at renewal.