The Tenth Circuit affirmed in part and reversed and remanded in part a lower court decision granting a Utah county rights-of-way over 12 roads that cross federal lands. The county sought to quiet title to 15 roads or road segments under the Quiet Title Act. The county asserted rights-of-way under §...

The Ninth Circuit upheld a lower court decision dismissing an environmental group's citizen suit requesting EPA to issue more stringent regulations for ozone pollution under the PSD program. The group alleged that the EPA Administrator has a nondiscretionary duty to issue revised ozone regulations u...

The Ninth Circuit held that DOT did not violate the CAA or NEPA in its approval of a planned expressway connecting the Ports of Los Angeles and Long Beach, California. In the course of the project’s approval process, DOT conducted an air quality conformity determination under the CAA, which involv...

The D.C. Circuit dismissed automobile industry groups' petition challenging an EPA rule intended to mitigate the misfueling of vehicles and engines with gasoline containing greater than 10% ethanol (E10). Among other measures, the rule prohibits the use of E10 gasoline in certain vehicles, engines, ...

The Tenth Circuit denied petitions for review challenging EPA's approval of a regional cap-and-trade program regulating sulfur dioxide (SO2) emissions to address regional haze over the Colorado Plateau, a Class I area. Under the CAA's regional haze rule for Class I areas, states have the option of u...

The D.C. Circuit upheld EPA's denial of a petition to reconsider an Agency rule allocating production allowances for hydrochlorofluorocarbons (HCFCs), ozone-depleting refrigerants. The petitioners argued that reconsideration should be granted because the rule has an adverse environmental impact and ...

A district court dismissed Nebraska's lawsuit challenging EPA's proposed standards to limit carbon dioxide emissions from new or modified fossil fuel-fired electric utility generating units. As part of the proposed rule, EPA found that certain technology was "adequately demonstrated" for purposes of...

The Ohio Supreme Court held that a mineral rights owner may be able to strip mine portions of a state wildlife area. The state and the mineral rights owner entered a contract granting the owner “all mineral rights, including rights of ingress and egress and reasonable surface right privileges.” ...