In re Tennessee Valley Authority Ash Spill Litigation
A district court held that the Tennessee Valley Authority (TVA) is liable for damages to property owners and residents following a containment dike failure at its Kingston Fossil plant that spilled more than 5 million cubic yards of coal ash sludge over approximately 300 acres. The court determined ...
Natural Resources Defense Council v. United States Food & Drug Administration
A district court held that the FDA violated the APA and the Food, Drug, and Cosmetic Act (FDCA) when it denied two petitions requesting that it withdraw approval of some uses of certain classes of antibiotics in food-producing animals. The petitions, submitted by environmental groups in 1999 and...
National Ass'n of Regulatory Utility Commissioners v. United States Department of Energy
The D.C. Circuit held that the DOE Secretary's 2010 determination that there was no basis for suspending, or otherwise adjusting, annual fees collected from nuclear power plant owners and operators following the government's decision to discontinue its development of Yucca Mountain violated the Nucl...
Native Village of Point Hope v. Salazar
The Ninth Circuit dismissed environmental and Alaska Native groups' petitions challenging the Bureau of Ocean Energy Management's (BOEM's) approval of an oil company's exploration plan to drill in the Beaufort Sea. BOEM's decision that the company's exploration plan complied with the Outer Conti...