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Molinary v. Powell Mountain Coal Co.

The court holds that the citizen suit provision of the Surface Mining Control and Reclamation Act (SMCRA), §520(f), provides a federal cause of action for the recovery of damages resulting from violation of state regulations that are a part of the state's surface coal mining and reclamation regulat...

American Auto. Mfrs. Ass'n v. Cahill

A district court holds that the Clean Air Act (CAA) does not preempt New York's zero emission vehicle (ZEV) sales mandate and dismisses an action brought by automobile manufacturers seeking to enjoin the state from enforcing legislation that requires the sale of ZEVs beginning in the 1998 model year...

American Auto. Mfrs. Ass'n v. Commissioner

The court holds that the Massachusetts Department of Environmental Protection's (DEP's) zero emission vehicle (ZEV) regulations for automobile manufacturers are not identical to California standards as required by Clean Air Act (CAA) §177 and, thus, are preempted by CAA §209(a). In 1992, Massachus...

National Ass'n of Home Builders v. Babbitt

The court holds that home builders lack standing to bring an Endangered Species Act (ESA) §11 citizen suit against the U.S. Department of the Interior and the U.S. Fish and Wildlife Service for issuing a technical correction to a final rule without using the required Administrative Procedure Act no...

Oz Tech., Inc. v. EPA

The court holds that the U.S. Environmental Protection Agency (EPA) did not act arbitrarily and capriciously when, under the Clean Air Act (CAA) §612(c) and its regulations, it designated a manufacturer's product an unacceptable substitute to freon or when it refused to place the product on the CAA...

Northern States Power Co. v. Department of Energy

The court denies several utilities' and states' broad request for a writ of mandamus that would require the U.S. Department of Energy (DOE) to begin disposing of spent nuclear fuel (SNF) by the Nuclear Waste Policy Act's (NWPA's) January 31, 1998, deadline. But the court precludes DOE from excusing ...

Animal Legal Defense Fund, Inc. v. Glickman

The court holds that an animal welfare group and three individuals lack standing to challenge a U.S. Department of Agriculture (USDA) Animal Welfare Act (AWA) regulation that allows exhibitors of captive primates to develop independent primate psychological enhancement plans. The individuals claimed...

Steel Co. v. Citizens for a Better Env't

The Court holds that an environmental group lacks standing to maintain a suit for purely past violations of the Emergency Planning and Community Right-to-Know Act (EPCRA). After receiving notice from the group of its failure to report EPCRA information in a timely fashion, the manufacturer filed all...

American Lung Ass'n v. EPA

The court holds that the U.S. Environmental Protection Agency (EPA) failed to explain adequately why the physical effects felt by some asthmatics from exposure to short-term, high-level sulfur dioxide (SO2) bursts are not a public health problem under the Clean Air Act. The case arose after EPA decl...

New York v. EPA

The court denies a petition challenging the U.S. Environmental Protection Agency's (EPA's) decision to grant a nitrogen oxide (NOx) reduction requirement exemption to four states abutting Lake Michigan under Clean Air Act (CAA) §182. The effect of the challenged rule is to allow the Lake Michigan s...