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New Mexico v. BLM

The Tenth Circuit held that the Bureau of Land Management (BLM) violated the National Environmental Policy act (NEPA) when it opened New Mexico's Otero Mesa, the largest publicly owned expanse of undisturbed Chihuahuan Desert grassland in the United States, to mining. BLM opened the majority of the ...

White Tanks Concerned Citizens, Inc. v. Strock

The Ninth Circuit held that the U.S. Army Corps of Engineers violated the National Environmental Policy Act (NEPA) in granting developers a Clean Water Act (CWA) §404 permit to fill certain ephemeral washes as part of a large-scale development project in Arizona. Both the U.S. Environmental Protect...

Yankee Gas Servs. Co. v. UGI Utils., Inc.

A district court held that a utility company is not liable under CERCLA for the cost of cleaning up pollution at nine manufactured gas plants (MGPs) in Connecticut owned by its former subsidiary. The former subsidiary sought to impose liability on the utility for pollution that occurred at the plant...

United States v. SB Bldg. Assocs.

A district court held that the United States may seek the maximum civil penalties available under CERCLA for a Superfund site owner's failure to comply with a consent order even though the order called for much lower penalties. CERCLA §106 authorizes the penalties the government sought for the owne...

Coeur Alaska, Inc. v. Southeast Alaska Conservation Council

The U.S. Supreme Court held that the Corps, not EPA, has the authority to permit slurry discharges from mining operations, and that the Corps complied with the law in issuing such a permit to a gold mine in Alaska. CWA §404 grants the Corps the power to "issue permits . . . for the discharge of . ....

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

A district court preliminarily enjoined New York City from enforcing regulations that promote the purchase of hybrid taxicabs by reducing the rates at which taxicab owners may lease their vehicles to taxi drivers—thereby reducing the owners' overall profit—if the vehicle does not have a hybrid o...

Friends of Animals v. Salazar

A district court held that FWS violated the ESA's notice and review provision, §10(c), when it issued a rule exempting three endangered antelope species bred in captivity in the United States from certain protections afforded under the Act. Private ranches in the United States breed antelope specie...

Frontier Communications Corp. v. Barrett Paving Materials, Inc.

A district court ruled that railroad companies that arranged for the disposal of tar, coal, and other waste into Maine's Penobscot River may be held liable under CERCLA. The factual allegations of the complaint sufficiently lay out a plausible claim that the railroads could be PRPs based on their pr...

Oregon Natural Desert Ass'n v. Locke

The Eighth Circuit affirmed in part and reversed in part a lower court order granting an environmental group attorney fees in their FOIA and APA lawsuit against the Department of Commerce for failing to disclose documents regarding the effects of livestock grazing on Upper and Middle Columbia River ...

Natural Resources Defense Council v. EPA

The D.C. Circuit remanded portions of EPA's phase 2 rule for implementing the eight-hour ozone NAAQS. CAA §172(c)(1) requires that nonattainment areas achieve "such reductions in emissions from existing sources in the area" as can be achieved by the adoption of reasonably available control technolo...