A district court granted in part an environmental group's motion for summary judgment to compel EPA to act on its 2016 Plan for the 2008 eight-hour ozone NAAQS adopted by the San Joaquin Valley Air Pollution Control District and granted in part the Agency's motion requesting an extension on the dead...

The court holds that the Secretary of the Department of Health and Human Services (HHS) did not act arbitrarily or capriciously in upgrading dioxin from the list of "reasonably anticipated" human carcinogens to the list of "known" human carcinogens. The upgrade was set forth in the HHS' Ninth Report...

The court affirms a district court decision denying a county's request for a preliminary injunction to prevent a city from continuing the expansion of its municipal water supply reservoir along the Nestucca River in Oregon. After the U.S. Army Corps of Engineers determined that the project would not...

The court upholds a district court's imposition of civil penalties and attorney fees against a city that allowed untreated or partially treated sewage and wastewater to discharge over a property owner's land and into U.S. waters. The city and property owner entered into a consent decree, but the cit...

A district court denied in part environmental groups' motion for summary judgment challenging BLM's and the U.S. Army Corps of Engineers' approval of a project to replace a wooden diversion weir with a concrete dam along the Yellowstone River. The groups argued that the agencies' EIS violated NEPA b...

The Second Circuit denied environmental groups' and industry associations' petitions to review a final rule promulgated by EPA establishing requirements for cooling water intake structures (CWISs) at existing power plants and manufacturing facilities, as well as a biological opinion jointly issued b...

The D.C. Circuit granted in part a Native American tribe's petition to review NRC's license decision for construction of a uranium mining project in the Black Hills of South Dakota. The tribe, which has historical ties to the proposed project area, argued that the agency failed to comply with NEPA b...

The D.C. Circuit granted in part and denied in part an environmental group's motion for summary judgment challenging DOJ's "Glomar response" refusing to confirm or deny the existence of the records requested. The group argued that the agency was not permitted to give this response to the group's FOI...

A district court denied BLM's motion to transfer a lawsuit over BLM's hydraulic fracturing rule from California to Wyoming. The agency argued that moving the lawsuit to Wyoming would avoid potentially conflicting legal precedents between the California and Wyoming district courts and that the Distri...

The D.C. Circuit dismissed electricity customers' petitions to review FERC's orders approving high clearing prices for future capacity to generate electricity in wholesale auctions. The customers argued that FERC's determination violated the Federal Power Act and was unsupported by substantial evide...