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Dow AgroSciences LLC v. National Marine Fisheries Service

The Fourth Circuit vacated a biological opinion the National Marine Fisheries Service (NMFS) prepared as part of EPA's reregistration process for three pesticides—chlorpyrifos, diazinon, and malathion. The biological opinion concluded that the pesticides would jeopardize the viability of certain P...

Hearth, Patio & Barbecue Ass'n v. United States Department of Energy

The D.C. Circuit vacated and remanded a DOE rule requiring decorative fireplaces to meet certain energy efficiency standards under the Energy Policy and Conservation Act. The rule defined "vented hearth heater" to include both decorative fireplaces and fireplace heaters, thereby subjecting both to t...