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Ohio Nuclear-Free Network v. U.S. Nuclear Regulatory Comm'n

The D.C. Circuit dismissed a petition to review NRC's decision to issue an amended materials license authorizing uranium production for a DOE demonstration program at a facility in Ohio. Nonprofit groups argued NRC violated NEPA by failing to prepare an EIS and by failing to address the environmenta...

United States v. Union Oil Co. of California

In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the U.S. government in a CERCLA liability lawsuit, requiring oil companies to reimburse approximately $50 million of EPA's environmental cleanup costs at a Superfund site in California. The government had sought reimbursement...

Yaw v. Delaware River Basin Commission

The Third Circuit affirmed dismissal of a challenge to the Delaware River Basin Commission's ban on high-volume hydraulic fracturing in the Delaware River Basin. Pennsylvania state senators, a state caucus, and several municipalities argued the Commission exceeded its authority under the Delaware Ri...

NextEra Energy Capital Holdings, Inc. v. Lake

The Fifth Circuit affirmed in part and reversed in part a district court’s dismissal of a lawsuit concerning a 2019 Texas law that allows only owners of existing transmission lines in the state to build, own, or operate new lines that connect to existing lines. A company seeking to enter the state...

National Wildlife Refuge Ass'n v. Rural Utilities Service

A district court denied a request by conservation groups to halt all construction on a transmission line project from Iowa to Wisconsin pending the transmission companies' appeal of a prior order enjoining construction of a section of the line across the Upper Mississippi River National Wildlife and...

Waterkeeper Alliance, Inc. v. Regan

The D.C. Circuit vacated a district court's grant of summary judgment to EPA in a challenge to the Agency's approval of a permitting program for coal ash disposal facilities in Oklahoma. Environmental groups challenged EPA’s approval on several grounds under RCRA and the APA, and the district cour...

California River Watch v. Vacaville, City of

The Ninth Circuit reversed a previous ruling that vacated summary judgment for a California city in a RCRA citizen suit brought by an environmental group. The group had argued the city's water wells were contaminated by hexavalent chromium that was in turn transported to city residents through its w...

Belmont Municipal Light Department v. Federal Energy Regulatory Commission

The D.C. Circuit granted in part and denied in part petitions to review FERC's order approving the Independent System Operator for New England's (ISO-NE's) tariff revisions that compensated power plants for maintaining up to three days' worth of fuel on-site to generate electricity during winter mon...

Salisbury, North Carolina v. Federal Energy Regulatory Commission

The D.C. Circuit upheld FERC's approval of a dam operator's flood protection plan for a nearby water pump station in North Carolina. A city petitioned for review of FERC's approval of the plan, a state-imposed condition of its water quality certification under the CWA, which involved raising the pum...