Ohio Valley Environmental Coalition v. Alex Energy, Inc.
A district court held that a mining company allowed excessive amounts of selenium to be discharged from one of its surface coal mine operations in violation of the CWA and SMCRA. The company's state permit does not explicitly impose selenium limitations, but it does incorporate by reference state re...
Natural Resources Defense Council, Inc. v. United States Food & Drug Administration
The Second Circuit reversed a lower court decision that FDA was required to hold hearings to determine whether to withdraw approval for the use of penicillin and tetracyclines in animal feed. Looking at the text of the Federal Food, Drug, and Cosmetic Act, the context, the regulations, and the backg...
Alliance for the Wild Rockies v. Brazell
A district court denied environmental groups' motion for an injunction and stay of an earlier decision that allows logging operations in the Nez Perce National Forest to proceed. The court previously held that the U.S. Forest Service did not act arbitrarily or capriciously when it approved a project...
American Meat Institute v. United States Department of Agriculture
The D.C. Circuit upheld USDA regulations mandating the disclosure of country-of-origin information about meat products. A group of trade associations representing livestock producers, feedlot operators, and meat packers claimed that the rule violated their First Amendment rights because the mandate ...