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United States v. DTE Energy Co.

A district court held that an energy company did not violate the CAA when it failed to obtain a new source review (NSR) permit prior to renovating electric utility steam generating units at its Monroe, Michigan, power plant. The government argued that a permit was required because the renovations co...

Sierra Club v. Khanjee Holding (US) Inc.

The Seventh Circuit upheld a $100,000 penalty assessment against three power plant developers for PSD permit violations at a proposed coal-fired power plant site. The court previously held that the developers' PSD permit expired because they failed to begin construction within the permit's 18-month ...

Murray Energy Corp. v. Federal Energy Regulatory Comm'n

The D.C. Circuit denied a mining company's petition for review challenging two FERC orders certifying and authorizing the construction of a natural gas pipeline above the mining company's longwall underground coal mine. Longwall mining causes the surface above to subside in a planned, controlled...

Bair v. California Department of Transportation

A district court preliminarily enjoined the California transportation agency's proposal to widen a highway that runs through old-growth redwood trees in Richardson Grove State Park. Environmental groups challenged the project under NEPA, the Department of Transportation Act, the Wild and Scenic Rive...

Kentucky Riverkeeper, Inc. v. Midkiff

A district court dismissed environmental groups' suit for declaratory and injunctive relief challenging the U.S. Army Corps of Engineers' nationwide permitting program, and, specifically, its use throughout the Appalachian region to issue permits for mining activities. The groups alleged CWA, N...

Oceana, Inc. v. Locke

The D.C. Circuit vacated the National Marine Fisheries Service's (NMFS') methodology for tracking bycatch in the fisheries off the Northeastern coast of the United States. The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act, requires the NMF...