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American Tradition Institute Environmental Law Center v. United States Environmental Protection Agency
A district court dismissed a nonprofit group's lawsuit seeking to halt EPA studies that expose humans to fine particulate matter. The challenged EPA conduct does not constitute final agency action. EPA's alleged failure to comply with an agency rule does not constitute "agency action". And even if i...
Restore v. Beauregard Water Works District No. 3
A district court held that an environmental group may go forward with its citizens suit action against a water district for ongoing SDWA violations concerning, among other things, the sampling, monitoring, and reporting of dangerous contaminants. The water district filed a motion to dismiss, arguing...
Multistar Industries, Inc. v. U.S. Department of Transportation
The Ninth Circuit upheld DOT's decision ordering a hazardous waste motor carrier to cease operations following an unsatisfactory safety rating. The carrier argued that the unsatisfactory safety rating on which the cessation order was based was premised on the misapplication of certain safety regulat...
American Petroleum Institute v. Environmental Protection Agency
The D.C. Circuit vacated EPA's 2012 projection of cellulosic biofuel production under the renewable fuel standard (RFS) program. As part of the RFS program, CAA §211(o)(7)(D)(i) requires EPA to determine the "projected volume of cellulosic biofuel production" for each calendar year based on an esti...
State v. Louisiana Land & Exploration
The Louisiana Supreme Court held that a school district may seek remediation damages in excess of those required by state law from oil companies who engaged in oil exploration and production operations on school land. The district sought two types of damages: damages required under state law pursuan...
Center for Biological Diversity v. Salazar
The Ninth Circuit held that BLM complied with NEPA and FLPMA when it allowed a uranium mine to resume operations, after a 17-year hiatus, under a plan of operations the agency approved in 1988. Environmental groups argued that the 1988 plan of operations became ineffective after the mine closed in t...
Citizens Climate Lobby v. California Air Resources Board
A California court rejected a challenge to the emissions offset component of California's greenhouse gas (GHG) cap-and-trade program promulgated by the California Air Resources Board (CARB) under the Global Warming Solutions Act of 2006. Under the program, all offsets must be additional, meaning tha...