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West Virginia Highlands Conservancy, Inc. v. Kempthorne

The Fourth Circuit held that an environmental group was entitled to attorney fees in their action challenging an OSM decision that resulted in a remand to the agency for additional investigation. The group filed a citizen complaint with the OSM alleging that a reclaimed surface mining site, which ha...

Kennedy Bldg. Assocs. v. CBS Corp.

The Eighth Circuit affirmed a lower court order holding that a company substantially complied with a state's remediation plan for cleaning up PCB contamination at a hazardous waste site. The company's predecessor-in-interest operated an electrical transformer repair facility on the subject property,...

Central Delta Water Agency v. U.S. Fish & Wildlife Serv.

A district court dismissed two local water agencies' NEPA action against various federal and state regulatory agencies, water districts, and other interested parties involved in the development and environmental review of the Bay Delta Conservation Plan, a yet-to-be consummated collaborative approac...

New Jersey v. Gloucester Envtl. Management Servs., Inc.

A district court denied New Jersey's motion to amend a 1997 consent decree concerning the Gloucester Environmental Management Services, Inc., landfill and ordered it to comply with the terms of the decree. The state alleged that the detection of the presence of radionuclides requires a new remedy fo...

Geertson Seed Farms v. Johanns

A district court held that the Animal and Plant Health Inspection Service (APHIS) failed to take a hard look at its decision to deregulate alfalfa genetically engineered to resist the herbicide glyphosate—the active ingredient in "RoundUp." Substantial questions exist as to whether the deregulatio...

Exxon Mobil Corp. v. Federal Energy Regulatory Comm'n

The D.C. Circuit denied petitions to review two Federal Energy Regulatory Commission (FERC) regulations concerning the project design and capacity expansion of Alaska natural gas transportation projects. The petitioner wants to construct a natural gas pipeline from the North Slope of Alaska to the c...

Fisher v. Ciba Specialty Chems. Corp.

A district ruled on several pre-trial motions of both defendants and plaintiffs alleging property damage caused by a defendant's contamination at its nearby chemical manufacturing facility (a designated Superfund site), negligence, fraud, fraudulent concealment, strict liability, trespass, and civil...

Rivers Unlimited v. Department of Transp.

A district court dismissed an environmental group's claim that the Federal Highway Administration (FHwA) violated the National Environmental Policy Act and the Transportation Act in approving an environmental impact statement (EIS) for a new transportation project designed to improve commuting betwe...

Corridor H Alternatives v. Slater

The court holds that the Federal Highway Administration and the West Virginia Department of Transportation's decision to support the building of a new, four-lane highway as part of the Appalachian Highway Development System complied with the National Environmental Policy Act and §4(f) of the Depart...

Glisson v. U.S. Forest Serv.

The court upholds the U.S. Forest Service's interpretation of the term "native" and its environmental assessment (EA) for an ecological project in Shawnee National Forest in Illinois. The appellants argued that the ecological project will have an adverse effect on shortleaf pines and pine warblers i...