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Harmon Indus., Inc. v. Browner

The court holds that the U.S. Environmental Protection Agency (EPA) does not have the authority to impose its own separate enforcement penalties on a Missouri corporation after the corporation and an authorized state agency negotiated a state court-approved settlement for Resource Conservation and R...

Animal Legal Defense Fund, Inc. v. Glickman

The court holds that an individual who suffered aesthetic injuries while observing captive animals living under inhumane conditions at a zoo has standing to challenge U.S. Department of Agriculture (USDA) regulations as violating the Animal Welfare Act (AWA). The court first holds that the individua...

George E. Warren Corp. v. EPA

The court denies petitions to review a U.S. Environmental Protection Agency (EPA) rule that conditionally allows foreign gasoline refiners to establish and use individual baselines reflecting their 1990 gasoline fuel property levels, instead of statutory baselines, under the antidumping provision of...

Forest Guardians v. Babbitt

The court holds that the Secretary of the Interior violated the Endangered Species Act (ESA) by failing to designate critical habitat for the silvery minnow. The Secretary claimed that he could not complete the minnow's critical habitat designation due to fiscal limitations imposed by Congress. The ...

West Virginia Highlands Conservancy v. Babbitt

The court holds unripe for review the Interior Board of Land Appeals' (IBLA's) ruling that the Office of Surface Mining Reclamation and Enforcement (OSM) lacks jurisdiction to order a mining company to reduce acid mine drainage seeping from a mining operation in West Virginia. The IBLA ruled that th...

Duquesne Light Co. v. EPA

The court holds that an electric utility lacks standing to petition for review a U.S. Environmental Protection Agency (EPA) final rule approving a revision to the new source review program of Pennsylvania's Clean Air Act (CAA) state implementation plan (SIP). The state's new source review program is...

Louisiana Envtl. Action Network v. EPA

The court upholds a U.S. Environmental Protection Agency (EPA) rule that allows the Agency to issue variances from general Resource Conservation and Recovery Act (RCRA) treatment standards if such standards would likely discourage aggressive remediation of previously disposed of hazardous waste. 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...