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Safe Food & Fertilizer v. EPA

The D.C. Circuit held that on remand EPA must explain how the risk assessments it used in exempting certain recycled zinc fertilizer products from regulation under RCRA compare with the risk threshold estimates in a private study. Petitioners were limited to challenging EPA's claim that its study an...

Engine Mfrs. Ass'n v. South Coast Air Quality Management Dist.

The U.S. Supreme Court held that certain aspects of local fleet rules do not escape preemption under CAA §209(a) simply because they address the purchase of vehicles rather than their manufacture or sale. The fleet rules prohibit the purchase or lease of vehicles by fleet operators that do not ...

Greenbaum v. EPA

The Sixth Circuit upheld EPA's redesignation of Cleveland, Ohio, from nonattainment to attainment for particulate matter under CAA §107(d)(3)(E). An environmental group argued that EPA illegally waived statutory requirements when it redesignated the area to attainment by not fully approving the...

Department of Transp. v. Public Citizen

The U.S. Supreme Court held that the Federal Motor Carrier Safety Administration (FMCSA) did not violate NEPA, relevant CEQ regulations, or the CAA when it failed to evaluate the environmental impact of increased cross-border operations of Mexican motor carriers in its EA because any environmental i...

Defend the Bay v. Irvine, City of

A California appellate court denied an environmental group's petition to compel a city to rescind its approval of an environmental impact report (EIR) for the development of a former military base despite the group's claims of insufficient evidence to support conclusions regarding impacts in housing...

Baxter Healthcare Corp. v. Denton

A California appellate court held that a health care company adequately established that its chemical plasticizer (DEHP) posed no significant risk of causing cancer in humans and, thus, was exempt from warning requirements under the California Safe Drinking Water and Toxic Enforcement Act (Propositi...

Maintain Our Desert Env't v. Apple Valley, Town of

A California appellate court held that a lower court did not err when it denied an environmental group's writ seeking to set aside approval of a development project because the town did not comply with the California Environmental Quality Act (CEQA). The group had standing to seek a writ because it ...

Citizens Against the Pellissippi Parkway Extension v. Mineta

The Sixth Circuit held that a district court improperly failed to vacate or modify an injunction that prevented the Federal Highway Administration (FHwA) from revisiting its decision regarding a highway extension. An environmental group sued to enjoin construction, stating that the project required ...

National Comm. for the New River v. Federal Energy Regulatory Comm'n

The D.C. Circuit held that FERC complied with NEPA in approving a company's application for a certificate of public convenience and necessity to construct a pipeline extension through Southwest Virginia and North Carolina. FERC's process for ventilating and analyzing potential environmental impacts ...

Serra Canyon Co. v. California Coastal Comm'n

A California appellate court upheld the dismissal of a landowner's inverse condemnation claim against California in which it sought to avoid the effect of an irrevocable offer to dedicate land for public use. The dedication was made by a prior owner of the land in 1983 as a condition of a permit to ...