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Citizens Coal Council v. Norton

The court holds that the Surface Mining Control and Reclamation Act (SMCRA) §1272(e) prohibits subsidence and underground mining activities that might lead to subsidence in parks and protected areas. The Secretary of the Interior interpreted §1272(e), which prohibits surface coal mining operations...

Davis County Solid Waste Mgmt. & Energy Recovery Special Serv. Dist. v. EPA

The court remands a municipality's request for litigation costs relating to its successful challenge of a U.S. Environmental Protection Agency (EPA) Clean Air Act (CAA) rule establishing new source performance standards for the combustion of municipal solid waste. The court first holds that the muni...

United States v. EME Homer City Generation L.P.

A district court dismissed the U.S. government's lawsuit against the current and former owners of a coal-fired power plant in Indiana County, Pennsylvania, for alleged CAA violations. The government alleged that the former owners undertook construction projects at the plant without having obtain...

National Wildlife Fed'n v. Lujan

The court upholds Department of the Interior (DOI) regulations allowing state agencies that administer federally approved programs under the Surface Mining Control and Reclamation Act (SMCRA) to terminate their jurisdiction over reclaimed sites of completed surface mining and reclamation operations ...

In re Methyl Tertiary Butyl Ether Prods. Liab. Litig.

The court denies most of oil companies' motions to dismiss in a class action suit brought by individual well owners claiming that the companies knowingly caused methyl tertiary butyl ether (MTBE) contamination of their groundwater. The court first holds that the claims of several of the class partic...

Wyatt v. United States

The court reverses a lower court decision finding the Office of Surface Mining Reclamation and Enforcement (OSM) liable for the permanent taking of a mining company's leasehold property. The mining company applied to the OSM for a permit and was told that its application was administratively incompl...

LaFleur v. Whitman

The court denies a petition for review seeking reversal of the U.S. Environmental Protection Agency (EPA) Administrator's decision not to object to a state agency's determination that the heightened permitting requirements of the prevention of significant deterioration (PSD) program do not apply to ...

Flue-Cured Tobacco Coop. Stabilization Corp. v. EPA

The court vacates a district court decision that the U.S. Environmental Protection Agency (EPA) violated its statutory obligations under the Radon Gas and Indoor Air Quality Act (Radon Act) by issuing a report that analyzed the effects of secondhand smoke on human health and categorized secondhand s...

Oxygenated Fuels Ass'n v. Davis

The court affirms a district court holding that the Clean Air Act (CAA) does not preempt California's ban of the use of methyl tertiary butyl ether (MTBE) in oxygenated fuel. CAA §211(c)(4)(A) preempts state regulation of fuel for purposes of motor vehicle emissions, but California is exempt fr...

Reno-Sparks Indian Colony v. EPA

The court held that a 2002 U.S. Environmental Protection Agency (EPA) rule specifying that Nevada was divided into more than 250 baseline areas for the Clean Air Act (CAA) prevention of significant deterioration (PSD) program was not arbitrary or capricious. Based on an ambiguous 1991 EPA regulation...