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Gila River Indian Community v. McComish
The Ninth Circuit affirmed in part and reversed and remanded in part a lower court decision granting summary judgment in favor of the government in a city's lawsuit seeking to set aside DOI's decision to accept in trust, for the benefit of the Tohono O’odham Nation, a 54-acre parcel of land on whi...
Association of Battery Recyclers, Inc. v. Environmental Protection Agency
The D.C. Circuit upheld EPA's revised NESHAPs for secondary lead smelting facilities. In 2012, acting pursuant to CAA §§112(d)(6) and 112(f)(2), EPA revised the 1995 emissions standards for secondary lead smelting facilities, reducing allowable emissions by 90% and requiring smelters to totally en...
Arlington, Texas v. Federal Communications Comm'n
The U.S. Supreme Court upheld a FCC declaratory ruling that state and local zoning authorities have 150 days to process siting applications for new wireless towers and antennas. Section 332(c)(7)B) of the Communications Act of 1934, as amended, requires state or local governments to act on siting ap...
Los Angeles, City of v. Great Basin Unified Air Pollution Control District
A district court dismissed a city's lawsuit against California state and local air districts challenging fees it must pay to mitigate wind-blown dust from a dry lake bed that exceed state and federal air standards. Section 42316 of the California Health and Safety Code authorized the district to ord...
Resisting Environmental Destruction on Indigenous Lands v. United States Environmental Protection Agency
The Ninth Circuit, in an amended opinion, denied an environmental group's petition challenging EPA's decision to grant two air permits authorizing exploratory drilling operations in the Arctic Ocean by a drillship and its associated fleet of support vessels. The permits require the drillship to comp...
Village of Bald Head Island v. U.S. Army Corps of Engineers
The Fourth Circuit upheld the dismissal of a town's complaint seeking to require the U.S. Army Corps of Engineers to honor commitments the Corps made to it and other North Carolina towns when developing plans to widen, deepen, and realign portions of the Cape Fear River navigation channel. The town ...
Golden Gate Land Holdings, LLC v. East Bay Regional Park District
A California appellate court affirmed a lower court decision allowing a park district to go forward with its condemnation action to help complete a shoreline park and trail but ordering the district to prepare an environmental impact report under the California Environmental Quality Act (CEQA). The ...