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Sierra Club. v. Duke Energy Ind., Inc.

A district court held that an environmental group's claims against an electric company for violating PSD requirements before making major modifications to one of its plants are time barred, but it stayed final entry of the judgment pending the ruling of the Seventh Circuit in a similar case. PSD obl...

League of Wilderness Defenders v. Zielinski

The court issues a preliminary injunction halting salvage logging on fire-charred lands in Oregon until the Bureau of Land Management (BLM) resolves serious questions raised by environmental groups as to whether the agency complied with the National Environmental Policy Act (NEPA) in authorizing the...

Friends of the Nestucca v. Slater

The court affirms a district court's denial of attorney fees to an environmental group whose lawsuit challenging the adequacy of a Federal Highway Administration (FHwA) environmental assessment (EA) was not a material factor in the FHwA's decision to supplement the EA. The court first holds that the...

Association of Pub. Agency Customers v. Bonneville Power Admin.

The court holds that the Bonneville Power Administration's (BPA) decision to enter or extend power contracts with several direct service industries (DSIs) was not arbitrary and capricious as alleged by a coalition of consumers, public power associations, and environmental groups. The court first add...

Sierra Club v. EPA

The court holds that a U.S. Environmental Protection Agency (EPA) regulation that creates a 12-month grace period exempting transportation projects in nonattainment and maintenance areas from Clean Air Act (CAA) §176(c) is contrary to the plain meaning of the CAA. The court first holds that an envi...

Northcoast Envtl. Ctr. v. Glickman

The court affirms a district court holding that, under the National Environmental Policy Act (NEPA), an interagency Port-Orford cedar (POC) management program prepared by the U.S. Department of the Interior (DOI) and the U.S. Department of Agriculture (USDA) was not a final agency action that requir...

Idaho Sporting Congress v. Thomas

The court holds that the U.S. Forest Service failed to meet National Environmental Policy Act (NEPA) requirements for public disclosure of information and failed to take a hard look at the effects of proposed timber sales from the Miners Creek and West Camas Creek drainages in the Targhee National F...

Foundation for Horses & Other Animals v. Babbitt

The court holds that the National Park Service's (NPS') decision not to prepare an environmental impact statement (EIS) for the removal of 12 horses from Santa Cruz Island in the Channel Islands was not arbitrary and capricious. The NPS planned to remove the horses and other animals in order to allo...

Southwestern Pa. Growth Alliance v. Browner

The court affirms the U.S. Environmental Protection Agency's (EPA's) decision to redesignate the Cleveland-Akron-Lorain, Ohio, area as a Clean Air Act (CAA) attainment area for ozone. The court first holds that an organization of manufacturers and local governments from the Pittsburgh-Beaver Valley,...

New York, City of v. Slater

The court holds that the Secretary of Transportation's failure to issue an environmental impact statement (EIS) in connection with an order awarding takeoff and landing slots to airlines at LaGuardia Airport in New York did not violate the National Environmental Policy Act (NEPA). The Secretary gran...