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Metropolitan Taxicab Bd. of Trade v. New York, City of

The Second Circuit upheld a preliminary injunction that enjoined the enforcement of New York City's revised taxicab lease rate rules that effectively shifted fuel costs from taxicab fleet drivers to taxicab fleet owners to incentivize the use of hybrid-engine and fuel-efficient vehicles. The rules, ...

ConocoPhillips Co. v. EPA

The Fifth Circuit remanded the existing-facilities portion of EPA's rule for regulating the use of cooling water intake structures (CWIS) for both existing and new offshore oil and gas extraction facilities, but affirmed the portion of the rule that regulates new offshore facilities. EPA established...

California v. Hearthside Residential Corp.

The Ninth Circuit held that the owner of the property at the time cleanup costs are incurred is the current owner for purposes of determining CERCLA liability. The case arose after the California Department of Toxic Substance Control sought cleanup costs under CERCLA from a developer for costs incur...

Assateague Coastkeeper v. Alan & Kristen Hudson Farm

A district court held that an "integrator" that contracts with farmers to raise its chickens may be held liable under the CWA. An environmental group filed suit against a farm and an integrator, alleging CWA violations stemming from the discharge of poultry manure from the farm's confined animal fee...

Pittsfield, City of v. EPA

The First Circuit held that the EPA Environmental Appeals Board properly declined a city's petition for review of EPA's grant of a NPDES permit for a city wastewater treatment plant. A petition for review must demonstrate either that EPA's decision involved a clearly erroneous finding of fact or con...

Reckitt Benckiser Inc. v. EPA

The D.C. Circuit reversed and remanded a lower court decision dismissing on jurisdictional grounds a pesticide manufacturer's complaint against EPA challenging its misbranding enforcement authority under FIFRA. In May 2008, EPA issued a risk mitigation decision (RMD) for 10 rodenticides and notified...

Sierra Club v. Van Antwerp

A district court held that the U.S. Army Corps of Engineers violated NEPA and the CWA when it issued a dredge-and-fill permit for a 500-acre multi-use development project near Tampa, Florida. The project site includes 155.46 acres of wetlands. While the Corps took a hard look at some of the environm...

Habitat Educ. Ctr. v. U.S. Forest Serv.

The Seventh Circuit affirmed a lower court decision dismissing an environmental group's suit challenging the U.S. Forest Service's EIS for a timber sale in the Chequamegon-Nicolet National Forest in northern Wisconsin. The group argues that the EIS failed to describe the reasonably foreseeable cumul...

Tongass Conservation Soc'y v. U.S. Forest Serv.

The Ninth Circuit affirmed a lower court decision denying an environmental group's motion to preliminarily enjoin a timber sale in the Tongass National Forest. The district court did not abuse its discretion in holding that the group had a very low likelihood of succeeding on the merits of its NEPA ...

United States v. Washington Dep't of Transp.

A district court held a state transportation agency may be held liable for cleanup costs incurred at the Commencement Bay-Nearshore Tideflats Superfund Site in Tacoma, Washington, for contamination stemming from a highway construction project and highway stormwater runoff. The agency argued it could...