The court holds that the U.S. Environmental Protection Agency's (EPA's) guidelines for carrying out the certification of Waste Isolation Pilot Plant's (WIPP's) compliance with radioactive waste disposal regulations are specific enough to qualify as "criteria" under 40 C.F.R. Part 191. The court note...

The court holds that a D.C. Circuit ruling that the U.S. Department of the Interior's (DOI's) decision to assess royalties on nonrecoupable take-or-pay payments was an arbitrary and capricious reading of DOI's own rules applies to an oil company that was assessed with such royalties, but not to a pe...

The court holds that an oil company must turn over to the U.S. Department of the Interior (DOI) documents that pertain to the arm's-length sales of oil it purchased from its subsidiary in non-arm's-length transactions. The subsidiary primarily produces oil from land within 32 federal leases, and the...

The court holds that the Bonneville Power Administration's (BPA) decision to enter or extend power contracts with several direct service industries (DSIs) was not arbitrary and capricious as alleged by a coalition of consumers, public power associations, and environmental groups. The court first add...

The court holds that a U.S. Environmental Protection Agency (EPA) regulation that creates a 12-month grace period exempting transportation projects in nonattainment and maintenance areas from Clean Air Act (CAA) §176(c) is contrary to the plain meaning of the CAA. The court first holds that an envi...

The court affirms the U.S. Environmental Protection Agency's (EPA's) decision to redesignate the Cleveland-Akron-Lorain, Ohio, area as a Clean Air Act (CAA) attainment area for ozone. The court first holds that an organization of manufacturers and local governments from the Pittsburgh-Beaver Valley,...

The court remands a Federal Energy Regulatory Commission (FERC) decision holding that a natural gas company's legal costs incurred in defending alleged environmental violations could not be included in its rate base used to calculate its permissible charges. The court first holds that FERC has not m...

The court upholds the Research and Special Programs Administration's (RSPA's) final emergency discharge control rule for cargo tank motor vehicles and its interpretation of the attendance regulation requiring an operator to be in attendance during the loading and unloading of cargo tanks. Gas compan...

The court holds that the U.S. Environmental Protection Agency's (EPA's) adoption of a rule requiring compliance assurance monitoring (CAM) of major emission sources complies with the Clean Air Act (CAA) §114(a)(3)'s enhanced monitoring requirements. The court first holds that EPA's adoption of CAM ...

The court denies a property owner's petition to review the Federal Energy Regulatory Commission's (FERC's) authorization of the construction of a pipeline that would traverse part of the owner's historic property. The court first holds that it has jurisdiction to hear the claim. Although the landown...