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Columbia Venture LLC v. South Carolina Wildlife Fed'n

The Fourth Circuit reversed a lower court order vacating certain base flood elevation determinations adopted by Federal Emergency Management Agency (FEMA) for Richland County, South Carolina. The lower court vacated the determinations because FEMA failed to timely publish notice of the determination...

Hettinga v. United States

The D.C. Circuit reversed a lower court decision dismissing dairy farmers' action challenging the constitutionality of two amendments to the Agricultural Marketing Agreement Act. The dairy farmers alleged that the amendments, which subjected certain large producer-handlers of milk to contribution re...

Theodore Roosevelt Conservation Partnership v. Salazar

A district court upheld the Bureau of Land Management's (BLM's) decision to grant oil and gas drilling permits in south-central Wyoming. BLM's decisions were not arbitrary, capricious, or otherwise unlawful under the National Environmental Policy Act (NEPA). BLM took the requisite hard look at envir...

Save Strawberry Canyon v. Energy Dep't

A district court preliminarily enjoined the construction of a $113 million computer center in Berkeley, California. A citizens group raised serious questions going to the merits of its claim that the project is a "major federal action" under the National Environmental Policy Act (NEPA). Moreover, ir...

Scott v. E.I. du Pont de Nemours & Co.

A district court presiding over a group of residents' class action lawsuit against a manufacturer for allegedly contaminating water supplies dismissed an individual's New Jersey Environmental Rights Act (ERA) claim against the company for failure to provide notice. A plaintiff seeking to bring a cla...

Appalachian Voices v. State Corp. Comm'n

The Virginia Supreme Court upheld the constitutionality of Virginia Code §56-585.1(A)(6), a provision of the state's utility law that requires coal-fired power plants to use Virginia coal. Environmental groups, challenging the state's approval of the construction of a coal-fired power plant, ar...

Federal Maritime Comm'n v. Los Angeles, City of

A district court denied the Federal Maritime Commission's (FMC's) motion to preliminarily enjoin portions of the Port of Los Angeles' and the Port of Long Beach's clean truck programs, which are aimed at reducing the air pollution caused by the trucks used to transport cargo to and from the ports. T...

Strother v. California Coastal Comm'n

A California appellate court reversed a lower court decision dismissing residents' motion challenging the California Coastal Commission's approval of coastal development permits for two unimproved residential lots. The case involves apparently inconsistent sections of the California Environmental Qu...

Alcoa, Inc. v. Federal Energy Regulatory Comm'n

The D.C. Circuit denied a petition challenging the Federal Energy Regulatory Commission 's (FERC's) approval of the Electric Reliability Organization's (ERO's) method for allocating costs based on net energy for load. The ERO was created under §215 of the Federal Power Act to establish and enfo...

Attorney Gen. of Okla. v. Tyson Foods, Inc.

The Tenth Circuit upheld a lower court decision denying Oklahoma's motion to preliminarily enjoin a food producer from disposing of poultry waste on lands within the Illinois River watershed. The lower court ruled that Oklahoma failed to establish a causal link between the land application of poultr...