American Trucking Ass'n v. EPA
The court holds that the U.S. Environmental Protection Agency's (EPA's) construction of the Clean Air Act (CAA) in promulgating the revised national ambient air quality standards (NAAQS) for ozone and particulate matter (PM) effects an unconstitutional delegation of legislative power and remands the...
United States v. Accra Pac, Inc.
The court holds that a district court did not have jurisdiction to review a dispute about language in a U.S. Environmental Protection Agency (EPA) consent decree approving a proposed cleanup plan. The plan was proposed by a company that abandoned an acrosol can facility following an explosion and a ...
Aluminum Co. of Am. v. Administrator
The court denies a petition to review the Bonneville Power Administration's (BPA's) record of decision (ROD) regarding the operations of the Federal Columbia River Power System (FCRPS). The National Marine Fisheries Service (NMFS) concluded that under the Endangered Species Act (ESA), continued oper...
Granholm ex rel. Mich. Dep't of Natural Resources v. Federal Energy Regulatory Comm'n
The court holds that a state's failure to seek rehearing of the Federal Energy Regulatory Commission's (FERC's) order on remand in a case involving a hydroelectric power license application deprives the court of jurisdiction. After denying the state's initial motions for rehearing, FERC filed an uno...
Alexandria, City of v. Slater
The court holds that the U.S. Department of Transportation's (DOT's) approval of a 12-lane bridge to replace an existing 6-lane bridge in Alexandria, Virginia, violated the Clean Air Act (CAA), the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and the Depar...
Harmon Indus., Inc. v. Browner
The court holds that the U.S. Environmental Protection Agency's (EPA's) practice of overfiling in those states where it has authorized state enforcement of the Resource Conservation and Recovery Act (RCRA) oversteps the Agency's authority under the Act. EPA initiated a RCRA enforcement action agains...