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Impact Energy Resources, LLC v. Salazar
The Tenth Circuit upheld the DOI Secretary's decision to rescind 77 oil and gas leases on federal land around national parks in Utah. BLM auctioned the oil and gas leases to energy companies in late 2008 during the last weeks of the George W. Bush administration. After the auction but before the lea...
Ohio Valley Environmental Coalition v. United States Environmental Protection Agency
A district court upheld the U.S. Army Corps of Engineers' decision to issue a CWA §404 permit to a mining company for the construction of a valley fill and sediment pond in conjunction with the Reylas Surface Mine in West Virginia. The Corps' adoption of a compensatory mitigation plan that will rep...
'Iao Ground Water Management Area High-Level Source Water Use Permit Applications
The Supreme Court of Hawaii vacated and remanded the interim instream flow standards set by Hawaii's Commission on Water Resource Management for the Waihe'e River and the Waiehu, 'Iao, and Waikapu streams, collectively referred to as Na Wai 'Eha, or "the four great waters of Maui." In considering th...
Native Village of Kivalina IRA Council v. United States Environmental Protection Agency
The Ninth Circuit upheld an EPA Environmental Appeals Board (EAB) order denying a native village's petition for review of an NPDES permit authorizing the discharge of wastewater from an Alaskan lead and zinc mine. The village failed to demonstrate why EPA's responses to comments were clearly erroneo...
National Mining Association v. Jackson
A district court held that EPA overstepped its statutory authority under the CWA and SMCRA when it issued guidance on Appalachian surface coal mining permits. EPA argued that the guidance was not final agency action and, thus, not subject to judicial review. But the court disagreed, holding that the...