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National Audubon Soc'y v. Kempthorne

A district court issues a preliminary ruling that temporarily blocks the Bureau of Land Managment's (BLM's) plans to lease approximately 1.7 million acres within the National Petroleum Reserve in Alaska for oil exploration. The lease concerns vast areas of sensitive wetlands surrounding Lake Teshekp...

Pacific Gas & Elec. Co. v. Federal Energy Regulatory Comm'n

The court dismisses petitions for review of two Federal Energy Regulatory Commission (FERC) orders concerning the calculation of settlement statements relating to the California energy crisis. The California Independent System Operator (Cal-ISO) sought review of a FERC order in which it declined Cal...

Utah Shared Access Alliance v. Carpenter

The court upholds several off-road vehicle (ORV) restrictions imposed by the Bureau of Land Management (BLM) in certain parts of Utah. BLM complied with the Federal Land Policy and Management Act and the National Environmental Policy Act when it enacted the restrictions, BLM's decision to close vari...

National Audubon Soc'y v. Kempthorne

A district court enjoined the Bureau of Land Management (BLM) from leasing approximately 1.7 million acres within the National Petroleum Reserve in Alaska for oil exploration. The lease concerns vast areas of sensitive wetlands surrounding Lake Teshekpuk that are protected under the National Petrole...

Kennecott Greens Creek Mining Co. v. Mine Safety & Health Admin.

The court denied mining industry groups' and mine operators' petitions for review of three Mine Safety and Health Administration (MSHA) rules regulating diesel particulate matter (DPM) in underground mines. The court rejected the petitioners' claim that the MSHA did not have sufficient evidence that...

Richmond Am. Homes of Colo., Inc. v. United States

The court held that the U.S. Air Force was liable to homebuilders who had cleaned up asbestos contamination at the former Lowry Air Force Base in Denver. The homebuilders didn't discover the asbestos until after they purchased the former base property. When the Air Force refused to clean up the asbe...

Environmental Defense v. Duke Energy Corp.

The Court reversed the Fourth Circuit's grant of summary judgment in favor of a coal-fired power plant operator charged with violating the Clean Air Act's (CAA's) prevention of significant deterioration (PSD) regulations. The CAA's PSD and new source performance standards (NSPS) provisions both cove...

Lombardi v. Whitman

The Second Circuit upheld the dismissal of rescue, search, and cleanup workers' substantive due process complaint against federal officials for knowingly issuing false statements about air quality safety in the aftermath of the September 11, 2001, terrorist attacks of the World Trade Center. The wor...

Earth Island Inst. v. Ruthenbeck

The Ninth Circuit upheld a lower court decision invalidating U.S. Forest Service regulations governing the review of decisions implementing forest plans, but remanded the court's judgment with respect to the remaining challenged regulations on ripeness grounds. Only two of the regulations, 36 C.F.R....

Engine Mfrs. Ass'n v. South Coast Air Quality Maintenance Dist.

The Ninth Circuit affirmed a lower court decision that the Clean Air Act (CAA) does not preempt certain provisions of local "fleet rules" requiring operators to meet specified emission standards or engine requirements, but reversed and remanded the court's refusal to consider whether the CAA preempt...