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Rith Energy, Inc. v. United States

The court holds that the Office of Surface Mining Reclamation and Enforcement's (OSM's) denial of a surface mining permit to a company was not a taking. The company's mining plan would invade the rock strata overlying an aquifer that supplies a local community with drinking water. The court first ho...

American Auto. Mfrs. Ass'n v. Cahill

The court holds that an automobile manufacturers association is entitled to attorney fees in connection with an underlying action in which New York's zero emission vehicle sales requirement for model years 1998-2002 was held preempted under Clean Air Act (CAA) §209. The court first holds that the a...

Alaska Ctr. for the Env't v. U.S. Forest Serv.

The court holds that the U.S. Forest Service complied with the National Environmental Policy Act (NEPA) when it issued a special use permit to a helicopter-guided skiing company in Chugach National Forest in Alaska without conducting an environmental assessment (EA) or an environmental impact statem...

Association of Int'l Auto. Mfrs., Inc. v. Commissioner

The court grants automakers' motion to stay their challenge to Massachusetts' zero emission vehicle standards pending the automakers' appeal of a U.S. Environmental Protection Agency (EPA) ruling in the Court of Appeals for the D.C. Circuit. In an earlier decision, in which the automakers claim that...

Greenpeace v. National Marine Fisheries Serv.

The court holds that the National Marine Fisheries Service (NMFS) violated the Endangered Species Act (ESA) by failing to prepare a biological opinion (BO) that properly addressed how the North Pacific fishery management plans (FMPs) for the groundfish fisheries in the Bering Sea and Gulf of Alaska ...

Jorling v. Department of Energy

The court affirms a district court decision holding that hazardous waste regulatory charges imposed by New York on federal installations operated by the U.S. Department of Energy (DOE) in New York are reasonable service charges within the meaning of Resource Conservation and Recovery Act §6001(a), ...

Central S. Dakota Grazing Dist. v. Secretary, Dep't of Agric.

The court holds that the U.S. Forest Service did not violate the National Environmental Policy Act (NEPA) or the National Forest Management Act in its adoption of a grazing plan for the Fort Pierre National Grasslands in Nebraska. A grazing district challenged the Forest Service's plan, claiming tha...

Alaska v. EPA

The court holds that the U.S. Environmental Protection Agency (EPA) did not abuse its discretion or act arbitrarily or capriciously in invalidating a state-granted prevention of significant deterioration (PSD) permit and finding that a state environmental agency's best available control technology (...

United States v. Power Eng'g Co.

The court holds that the U.S. Environmental Protection Agency (EPA) may seek to enforce the Resource Conservation and Recovery Act's (RCRA's) financial assurances requirements against an engineering company even though the state of Colorado already initiated an enforcement action against the company...

Pogliani v. Corps of Eng'rs

The court affirms a district court decision denying residents' request to preliminarily enjoin a U.S. Army Corps of Engineers' (the Corps') permit allowing the use of federal waters and wetlands for construction of an electric-generating plant in Athens, New York, near the banks of the Hudson River....