Administrative Procedure Act (APA)

A district court upheld EPA's decision to withdraw a proposed rule that would have required concentrated animal feeding operations (CAFOs) to provide information to the Agency to help…

A district court held that DOI has unreasonably delayed agency action in the agency's review of an oil and gas drilling permit on BLM lands in Montana held sacred to Native Americans. Under…

A district court dismissed environmental groups' CWA citizen suit against EPA for failing to respond in writing to their administrative petition seeking withdrawal of West Virginia's…

The Eighth Circuit held that a U.S. Army Corps of Engineers jurisdictional determination (JD) is a final agency action under the APA, thereby creating a split between the circuits. The case arose…

The U.S. Supreme Court held that federal agencies need not follow the APA's formal notice-and-comment procedures when they wish to change an interpretive rule. In Paralyzed Veterans of…

A district court dismissed a lawsuit challenging EPA's initiation of CWA §404(c) proceedings for the proposed Pebble Mine project, a large copper and gold mine in the Bristol Bay region of…

The Ninth Circuit affirmed a lower court's grant of summary judgment in favor of DOI in water districts' lawsuit challenging the agency's management of California's Central…

The Eighth Circuit vacated two EPA letters announcing new legislative rules for water treatment processes at municipally owned sewer system. EPA admitted it did not engage in notice and comment…

A district court dismissed a nonprofit group's lawsuit seeking to halt EPA studies that expose humans to fine particulate matter. The challenged EPA conduct does not constitute final agency…

A Colorado court invalidated a state license to construct and operate a uranium mill in Montrose County, Colorado. The state's environmental agency violated the APA because it failed to…