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Oceana, Inc. v. Evans

A court denies motions to clarify or modify an earlier decision in which it held that the U.S. Fish and Wildlife Service lacked statutory authority to promulgate Framework 16 to the Scallop Fishery Management Plan insofar as it undid the habitat closure areas that had been established by Amendment 1...

Environmental Integrity Project v. EPA

The court holds that the U.S. Environmental Protection Agency (EPA) violated the Administrative Procedure Act (APA) in revising its "periodic" and "umbrella" monitoring regulations, 40 C.F.R. §§70.6(a)(3) and 70.6(c)(1), respectively. In rejecting two Title V permits, EPA determined that t...

Environmental Conservation Org. v. Bagwell

A court holds that developers of a residential subdivision allowed sediment to escape the subdivision in stormwater discharges and to accumulate in nearby ponds in violation of their Clean Water Act permit. The developers argued that they should be immune from liability because they offered to remov...

Communities for a Better Env't v. State Water Resources Control Bd.

A court holds that amendments to a national pollutant discharge elimination system permit that regulates a refinery's discharges of dioxins and other pollutants into Suisun Bay, California, comply with the Clean Water Act (CWA). The original permit included a water quality-based effluent limit of 0....

Potomac Riverkeeper, Inc. v. National Skeet & Trap Club, Inc.

A court dismisses an environmental group's Clean Water Act (CWA) claim against a shooting range club for depositing lead shot in and about a tributary to the Potomac River, but it held that the group may go forward with its Resource Conservation and Recovery Act (RCRA) claim. In November 2003, nearl...

Aggio v. Aggio

The court denies an insurance company's motion to dismiss individuals' action for "recovery of response costs" under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The insurance company argued that because the individuals did not assert their CERCLA claim for con...

Center for Biological Diversity v. Leavitt

The court holds that the U.S. Environmental Protection Agency (EPA) violated §7(a)(2) of the Endangered Species Act (ESA) by failing to initiate consultation regarding the effects of pesticide registrations on the federally listed California red-legged frog. An environmental group demonstrated ...

Sierra Club v. U.S. Forest Serv.

The court denies in part and grants in part the U.S. Forest Service's motions to dismiss claims challenging a special use permit authorizing a power company to construct, operate, and maintain a right-of-way for an electrical power line through the George Washington and Jefferson National Forests in...

Connecticut v. American Elec. Power Co.

A court dismisses environmental groups', various states', and a city's claims that fossil fuel generators should be held liable for creating the ongoing public nuisance of global warming. Specifically, the plaintiffs sought an order holding each of the generators jointly and severally liable for con...

Allegheny Defense Project, Inc. v. U.S. Forest Serv.

The court upholds a lower court's grant of summary judgment in favor of the U.S. Forest Service in a suit challenging the Service's decision to undertake a site-specific project in the Allegheny National Forest. Environmental groups sought a declaratory judgment that the Service improperly selected ...