The Court rules that the Paperwork Reduction Act does not authorize the Office of Management and Budget (OMB) to review and countermand provisions of the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard mandating employers to directly disclose to their employees p...
The court holds that the National Highway Traffic Safety Administration's (NHTSA's) decision not to further lower the minimum corporate average fuel economy (CAFE) standards for model years 1987 to 1989 was not arbitrary and capricious. The NHTSA lowered the CAFE standards from the 27.5 miles per ga...
The court holds that pulp and paper mills and their trade association are not entitled to enjoin the Environmental Protection Agency (EPA) from implementing a policy statement offering guidance to states in EPA's Region 4 concerning the discharge of dioxin into rivers and streams from pulp and paper...
The court holds that a final environmental impact statement (EIS) for a Texas state highway complies with the National Environmental Policy Act (NEPA). The Texas State Department of Highways and Public Transportation (DHPT) prepared a draft EIS that addressed seven alternative route locations and a ...
The court holds that plaintiff does not have standing to sue for a temporary restraining order (TRO) to prevent a timber sale and harvest on a 40-acre tract in a national forest where his only contact with that land was one visit. Furthermore, the plaintiff would have lost on the merits of his Natio...
The court holds that it lacks subject matter jurisdiction under the National Historic Preservation Act (NHPA) to review the Environmental Protection Agency's (EPA's) decision to list the Boarhead Farms, Pennsylvania, site on the National Priorities List (NPL) and to conduct a remedial investigation/...
The court holds that alteration of a facility location does not automatically revoke a National Pollutant Discharge Elimination System (NPDES) permit, but the permit is revocable if the Department of Environmental Management (DEM) determines that alteration of the location is material to the mainten...
The court holds that the Environmental Protection Agency (EPA) acted within its discretion when it issued an administrative order under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) requiring a company to install stainless steel groundwater monitoring wells, wher...
The court holds that the National Highway Traffic Safety Administration's (NHTSA's) decision not to initiate rulemaking to retroactively amend the corporate average fuel economy (CAFE) standards for passenger cars made in model years (MYs) 1984 and 1985 was within its discretion and consistent with ...
The court holds that the Surface Mining Control and Reclamation Act's (SMCRA's) prohibition of surface mining constitutes a taking of plaintiffs' right to mine coal, and that plaintiffs are entitled to just compensation of $60 million. The court first holds that SMCRA's prohibitions totally eliminat...