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Western Watersheds Project v. Wyoming

The Tenth Circuit held that a Wyoming law that imposed civil and criminal liability on those who cross private property to access adjacent land to collect resource data violates the First Amendment. In 2015, Wyoming enacted a pair of statutes that prohibited individuals from entering “open land fo...

Natl. Parks Conserv. Assn. v. EPA

A district court denied EPA's request to amend a 2012 consent decree obligating the Agency to approve state regional haze plans. In 2011, environmental groups sued the Agency to compel it to take action on nine states' regional haze plans. Under a consent decree, EPA was given until September 9, 201...

Sierra Club v. North Dakota

The Ninth Circuit upheld a 2014 EPA settlement that required the Agency to set a phased schedule for it to issue air quality designations as required by a 2010 sulfur dioxide NAAQS. In 2013, when EPA missed the statutory deadline to issue its designations under the CAA, environmental groups sued to ...

Sinclair Wyoming Refining Co. v. EPA

The Tenth Circuit rejected EPA's decision to deny an oil company's request for an exemption from the blending requirement under the Renewable Fuel Standards Program of the CAA. In 2005, Congress amended the CAA to require refiners and importers to blend biofuels into gasoline to cut down on greenhou...

Barnes v. FAA

The Ninth Circuit held that the FAA did not act arbitrarily when it forewent a full EIS on a third runway at the Hillsboro Airport in Hillsboro, Oregon. In 2005, the airport, the busiest in the state of Oregon, developed a plan to deal with traffic that included the addition of a third runway. Since...

Mexichem Fluor, Inc. v. EPA

The D.C. Circuit held that EPA overstepped its authority under the CAA when it banned the use of hydrofluorocarbons (HFCs) in products. In 2015, EPA issued a rule that restricted the manufacture of products containing HFCs. EPA based this decision on its authority to regulate "ozone depleting substa...

Herr v. Forest Service

The Sixth Circuit held that the Forest Service's rules regarding recreational boating on Crooked Lake in Michigan's Sylvania Wilderness exceeded the agency's power as applied to private property owners. Congress gave the Forest Service authority to regulate any use of Crooked Lake and nearby lakes �...