Apache Stronghold v. United States
A district court denied an Apache group's motion to preliminarily enjoin the exchange of sacred land in Tonto National Forest to two foreign mining companies for mineral exploration. The group argued the land was held in trust by the U.S. government for the Western Apaches through an 1852 treaty, an...
Sierra Club v. Environmental Protection Agency
The D.C. Circuit vacated three provisions of EPA's 2018 rule implementing NAAQS for ozone. Environmental groups challenged four provisions of the rule: the interprecursor trading program, a provision allowing states to demonstrate compliance with the CAA's "reasonable further progress" milestone req...
American Lung Ass'n v. Environmental Protection Agency
The D.C. Circuit vacated EPA's Affordable Clean Energy Rule that repealed and replaced the Clean Power Plan as a means of regulating power plants' greenhouse gas emissions. A group of public health petitioners sought review of the rule's conclusion that §7411 of the CAA only permitted emission redu...