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Sierra Club v. Wheeler

A district court granted in part an environmental group's request to compel EPA to produce guidelines for commercial or industrial solid waste incinerators (CISWI) and other categories of solid waste incinerators (OSWI). The group argued that the Agency failed to comply with nondiscretionary duties ...

Bohmker v. Oregon

The Ninth Circuit affirmed a summary judgment rejecting a mining association's challenge to an Oregon law that prohibits the use of motorized mining equipment in rivers and streams containing essential salmon habitat. The association argued that the law was field preempted by the federal 1872 Mining...

American Fuel & Petrochemical Manufacturers v. O'Keeffe

The Ninth Circuit affirmed the dismissal of oil and trucking industry groups' challenge to Oregon's Clean Fuels Program, which regulates production and sale of transportation fuels based on greenhouse gas emissions. The groups argued that the program violated the dormant Commerce Clause by facially ...

Montana Environmental Information Center v. Thomas

The Ninth Circuit denied an environmental group's petition to review EPA's approval of a Montana SIP revision. The group argued that the approval was arbitrary and capricious because Montana's Department of Environmental Quality interpreted one of the SIP's provisions less stringently than the CAA a...

Air Alliance Houston v. Environmental Protection Agency

The D.C. Circuit vacated EPA's rule delaying the 2017 Chemical Disaster Rule, which established safety standards for chemical facilities. The Agency argued that it had authority under CAA §112 to delay the effective date of the Rule beyond the ninety-day limit set forth in CAA §307 because ninety ...

Indigenous Environmental Network v. United States Department of State

A district court ordered the State Department to supplement its 2014 EIS for a cross-border oil pipeline, known as Keystone XL, to consider the pipeline company's alternative route that was approved for the project. Environmental groups argued that the agency violated NEPA by failing to revisit its ...

Alliance for the Wild Rockies v. United States Forest Service

The Ninth Circuit affirmed in part and reversed in part a district court's summary judgment in favor of the U.S. Forest Service's approval of a site-specific project concerning restoration activities on roughly 80,000 acres in Payette National Forest in Idaho. Environmental groups challenged the app...