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Oregon Natural Resources Council v. Animal & Plant Health Inspection Serv.

The court upholds a district court determination that the Animal and Plant Inspection Service satisfied the National Environmental Policy Act (NEPA) when it prepared a supplemental environmental impact statement (SEIS) for a regulation addressing foreign pest infestation of plants and hardwoods. The...

Cellular Phone Taskforce v. Federal Communications Comm'n

The court affirms two Federal Communications Commission (FCC) orders that promulgated guidelines for health and safety standards for radio frequency radiation. In addition to health and safety requirements, the guidelines streamlined procedures for meeting requirements under the National Environment...

Association of Battery Recyclers, Inc. v. EPA

The court upheld in part and vacated in part U.S. Environmental Protection Agency (EPA) Resource Conservation and Recovery Act (RCRA) regulations, known collectively as the Land Disposal Restrictions (LDR) Phase IV rule, addressing residual or secondary materials generated in mining and mineral proc...

Environmental Defense Fund v. EPA

The court denies a petition for review of a final determination by the U.S. Environmental Protection Agency (EPA) not to add 14 solvent wastes to its list of hazardous wastes under Subtitle C of the Resource Conservation and Recovery Act. The court first holds that EPA did not clearly err in interpr...

Society Hill Towers Owners Ass'n v. Rendell

The court holds that a district court properly granted summary judgment to the city of Philadelphia on residents' Administrative Procedure Act (APA), National Environmental Policy Act (NEPA), and National Historic Preservation Act (NHPA) claims that the city did not properly perform environmental an...

Metcalf v. Daley

The court reverses a district court and holds that the National Oceanic and Atmospheric Administration (NOAA), the National Marine Fisheries Service, and other federal defendants violated the National Environmental Policy Act (NEPA) by preparing an untimely and inadequate environmental assessment (E...

American Petroleum Inst. v. EPA

The court vacates a portion of a U.S. Environmental Protection Agency (EPA) regulation in which it determined that oil-bearing wastewaters generated by the petroleum refining industry are solid wastes under the Resource Conservation and Recovery Act (RCRA), but upheld EPA's determination that recove...

Bayou Liberty Ass'n v. Corps of Eng'rs

The court holds moot a neighborhood association's claim that the U.S. Army Corps of Engineers violated the National Environmental Policy Act when it issued a permit for the construction of a retail development. The court first holds that the association's original requests for relief in this action ...

Friends of the Earth v. Corps of Eng'rs

The court holds that the U.S. Army Corps of Engineers violated the National Environmental Policy Act when it failed to prepare an environmental impact statement (EIS) prior to the permitting of three casinos on the Mississippi coast. Mississippi law requires casinos to be located on floating vessels...

Sierra Club v. Peterson

The court vacates and remands a district court decision that enjoined U.S. Forest Service timber harvesting in the National Forests of Texas due to on-the-ground Forest Service violations of the National Forest Management Act (NFMA). Because the NFMA does not provide for judicial review, the Adminis...