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Center for Biological Diversity v. U.S. Forest Service
A district court remanded without vacatur BLM's and the Forest Service's authorization of hydraulic fracturing in Wayne National Forest, after previously ruling the agencies violated NEPA when they authorized the activity. The court found that equitable considerations warranted remand without vacatu...
New Jersey v. Environmental Protection Agency
The D.C. Circuit denied, 2-1, New Jersey's challenge to a rule promulgated by EPA on remand concerning the CAA's new source review (NSR) program. The state argued that EPA inadequately considered concerns stemming from the predictive and subjective nature of projected emissions calculations and adop...