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Sinclair Wyoming Refining Co. v. EPA

The Tenth Circuit rejected EPA's decision to deny an oil company's request for an exemption from the blending requirement under the Renewable Fuel Standards Program of the CAA. In 2005, Congress amended the CAA to require refiners and importers to blend biofuels into gasoline to cut down on greenhou...

Benoit v. Saint-Gobain Performance Plastics Corp.

A district court allowed suits against two manufacturing companies to go forward for groundwater contamination. Residents of Hoosick Falls, New York, brought suit against the manufacturers after they discovered perfluorooctanoic acid (PFOA) in their water supply. The residents, in 16 consolidated ca...

Orange Cty. Water Dist. v. Sabic Innovative Plastics US, LLC

A California appellate court held that the Water District of Orange County may pursue state Superfund claims for groundwater contamination. In 1998, the District discovered two VOCs in groundwater drawn from the South Basin area. In 2001, perchlorate was discovered in a well, leading the District to...

Barnes v. FAA

The Ninth Circuit held that the FAA did not act arbitrarily when it forewent a full EIS on a third runway at the Hillsboro Airport in Hillsboro, Oregon. In 2005, the airport, the busiest in the state of Oregon, developed a plan to deal with traffic that included the addition of a third runway. Since...

Mexichem Fluor, Inc. v. EPA

The D.C. Circuit held that EPA overstepped its authority under the CAA when it banned the use of hydrofluorocarbons (HFCs) in products. In 2015, EPA issued a rule that restricted the manufacture of products containing HFCs. EPA based this decision on its authority to regulate "ozone depleting substa...

Farrell-Cooper Mining Co. v. DOI

The Tenth Circuit held that a coal mining company was entitled to judicial review of a DOI decision after a lower court dismissed the suit. In 2013, the company was cited by DOI for a violation of SMCRA. In 2015, the mining company filed a notice of appeal and a petition for stay pending appeal with...

Herr v. Forest Service

The Sixth Circuit held that the Forest Service's rules regarding recreational boating on Crooked Lake in Michigan's Sylvania Wilderness exceeded the agency's power as applied to private property owners. Congress gave the Forest Service authority to regulate any use of Crooked Lake and nearby lakes �...

Americans For Clean Energy v. EPA

The D.C. Circuit held that EPA erred in how it interpreted and used the “inadequate domestic supply” waiver in the Renewable Fuel Standard law when setting low renewable fuel volumes for 2014-2016. In December 2015, EPA promulgated a rule establishing volume requirements and the resulting percen...

Chevron Mining Inc. v. DOI

The Tenth Circuit held that a mining company has the right to recover cleanup costs at a Superfund site because the U.S. government was an owner under the statute. Over the last century, the mining company and its corporate predecessors mined molybdenum at a site near Questa, New Mexico. The mining ...

Friends of the Eel River v. North Coast Railroad Authority

The California Supreme Court held that the state Environmental Quality Act (CEQA) was not preempted by federal law. The North Coast Railroad Authority (NCRA) undertook a project to update and repair railroad tracks that run across the Eel and Russian Rivers and restore freight operation in the areas...