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Riverview, City of v. Surface Transp. Bd.

The Sixth Circuit upheld the Surface Transportation Board's grant of a railroad company's request to operate an intermodal transportation facility on city property. Local governments argued that the company's proposal was a sham designed to prevent the surrounding cities from taking the property by ...

Arizona Corp. Comm'n v. Federal Energy Regulatory Comm'n

The D.C. Circuit held that the Federal Energy Regulatory Commission (FERC) properly modified the terms, set forth in earlier settlements, under which three natural gas shippers must ship gas over the lines of the El Paso Natural Gas Company. FERC did not err by converting the shippers' contracts fro...

Jupiter Energy Corp. v. Federal Energy Regulatory Comm'n

The Fifth Circuit vacated the Federal Energy Regulatory Commission's (FERC's) decision that two natural gas pipelines perform a "transportation" function rather than a "gathering" function, thereby subjecting them to FERC jurisdiction's under the Natural Gas Act. Natural gas flows from gathering pip...

Save Our Sebasticook v. Federal Energy Regulatory Comm

The court dismisses in part and denies in part a petition for judicial review of the Federal Energy Regulatory Commission's decision to allow an owner and operator of a hydroelectric project on the Sebasticook River in Maine to surrender its license and breach a dam. Nearby landowners complained tha...

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

The court dismisses an environmental group's petition for review of seven Federal Energy Regulatory Commission (FERC) orders concerning a natural gas pipeline extension from Virginia to North Carolina. The group lacked standing to assert its claim that the natural gas company's route realignments we...

Wilderness Soc'y v. Norton

The court dismisses an environmental group's claims that the National Park Service (NPS) failed to comply with certain statutory mandates, deadlines, and management policies involving national park management, and denied the group's non-statutory claim that the NPS failed to develop wilderness manag...

Oja v. Corps of Eng'rs

The court holds that the U.S. Army Corps of Engineers (the Corps) did not violate the Privacy Act by disclosing an individual's personal information on its public website. The Corps posted the information to defend itself from media inquiries stemming from a newspaper article that was critical of th...

BFI Waste Sys. of N. Am., Inc. v. Federal Aviation Admin.

The court holds that the Federal Aviation Administration (FAA) was arbitrary and capricious in determining that a waste disposal company's proposed landfill expansion near an airport would be a hazard to air navigation. Under the Federal Aviation Act, accompanying regulations, and the FAA handbook, ...

Rhode Island Dep't of Envtl. Management v. United States

The court upholds a district court order enjoining the U.S. Department of Labor (DOL) and three Rhode Island employees from proceeding in an administrative adjudication of the employees' claims that the state had retaliated against them in violation of the Solid Waste Disposal Act's (SWDA's) whistle...