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Biden v. Sierra Club

The U.S. Supreme Court granted the Biden Administration's request to cancel arguments and suspend further proceedings in a lawsuit concerning the Trump Administration's plans to build a border wall along the U.S.-Mexico border., full_html...

Environmental Defense Fund v. U.S. Environmental Protection Agency

A district court granted summary judgment for environmental groups in a challenge to EPA's decision to make its Regulatory Science rule effective immediately upon publication in the Federal Register. The groups argued EPA's decision violated the APA's 30-day notice requirement after publication of a...

American Lung Ass'n v. Environmental Protection Agency

The D.C. Circuit vacated EPA's Affordable Clean Energy Rule that repealed and replaced the Clean Power Plan as a means of regulating power plants' greenhouse gas emissions. A group of public health petitioners sought review of the rule's conclusion that §7411 of the CAA only permitted emission redu...

Texas v. United States Environmental Protection Agency

The Fifth Circuit denied petitions to review EPA's 2018 redesignation of Bexar County, Texas, from attainment to nonattainment and designation of three neighboring counties as attainment/unclassifiable for 2015 ozone NAAQS. Texas argued EPA only had authority to change the state's recommended design...

El Paso, Texas v. Trump

The Fifth Circuit, 2-1, affirmed in part and reversed in part a ruling enjoining the Trump Administration from using military funds to build portions of a border wall along the U.S.-Mexico border. El Paso County and a nonprofit group argued that the president's proposed plan for funding border barri...

Voigt v. Coyote Creek Mining Co., LLC

The Eighth Circuit affirmed, 2-1, a ruling in favor of a mining company in a challenge to the company's failure to obtain a CAA construction permit for a mine in rural North Dakota. The owners of an adjacent ranch argued that the company failed to obtain the proper permit under the CAA and failed to...

Ergon-West Virginia, Inc. v. United States Environmental Protection Agency

The Fourth Circuit granted for a second time an oil refinery's petition to review EPA's decision denying the refinery an exemption from biofuel requirements under the Agency's renewable fuel standard program, and vacated the Agency's decision. The refinery argued that EPA arbitrarily relied on DOE's...

Bullock v. United States Bureau of Land Management

A district court invalidated three resource management plans that were approved by BLM's acting director because he was not authorized to approve them. The governor of Montana and the state Department of Natural Resources and Conservation argued that the plans should be set aside because the court h...

California v. U.S. Environmental Protection Agency

The Ninth Circuit overturned a ruling denying EPA's motion to modify an injunction requiring it to promulgate a federal landfill emissions plan by November 6, 2019. The appellate court held that the district court abused its discretion in denying the Agency's request for relief because EPA promulgat...

Federal Trade Commission v. Peabody Energy Corp.

A district court granted the Federal Trade Commission's (FTC's) motion to preliminarily enjoin a proposed joint venture between the United States' two largest coal producers. The Commission challenged the joint venture on antitrust grounds, arguing that it violated §7 of the Clayton Act and §5 of ...