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Colorado v. U.S. Environmental Protection Agency
The Tenth Circuit reversed and vacated a district court order preliminarily enjoining EPA and the Army Corps of Engineers from implementing the 2020 Navigable Waters Protection Rule (NWPR) in Colorado. Colorado argued the agencies violated the APA because the NWPR was not in accordance with the law,...
Texas Ass'n of Manufacturers v. United States Consumer Product Safety Commission
The Fifth Circuit upheld a rule issued by the Consumer Product Safety Commission prohibiting the manufacture and sale of children's toys and childcare articles that contained concentrations of more than 0.1% of any one of five phthalates, but remanded the rule to the Commission to address two proced...
United States Fish and Wildlife Service v. Sierra Club, Inc.
The U.S. Supreme Court reversed, 7-2, a circuit court ruling that draft biological opinions were not exempt from a FOIA request related to FWS' and NMFS' consultations with EPA for a proposed rule regarding cooling water intake structures. An environmental group submitted FOIA requests for the recor...