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Great Old Broads for Wilderness v. Kimbrell
The Ninth Circuit upheld the U.S. Forest Service's record of decision determining the method for restoring a flood-damaged road in the Humboldt-Toiyabe National Forest in Nevada. The Forest Service's interpretation of the applicable fish and wildlife restoration standards is reasonable. Accordingly,...
American Tradition Institute Environmental Law Center v. United States Environmental Protection Agency
A district court dismissed a nonprofit group's lawsuit seeking to halt EPA studies that expose humans to fine particulate matter. The challenged EPA conduct does not constitute final agency action. EPA's alleged failure to comply with an agency rule does not constitute "agency action". And even if i...
American Petroleum Institute v. Environmental Protection Agency
The D.C. Circuit vacated EPA's 2012 projection of cellulosic biofuel production under the renewable fuel standard (RFS) program. As part of the RFS program, CAA §211(o)(7)(D)(i) requires EPA to determine the "projected volume of cellulosic biofuel production" for each calendar year based on an esti...
Center for Biological Diversity v. Salazar
The Ninth Circuit held that BLM complied with NEPA and FLPMA when it allowed a uranium mine to resume operations, after a 17-year hiatus, under a plan of operations the agency approved in 1988. Environmental groups argued that the 1988 plan of operations became ineffective after the mine closed in t...