Administrative Procedure Act (APA)

A district court denied EPA's motion to dismiss an environmental group's lawsuit challenging the Agency's administrative stay of two rules setting forth hazardous air emission…

A district court vacated two internal DOI guidance documents that address and limit the use of §390 of the Energy Policy Act of 2005, which establishes a "rebuttable presumption" that a…

The Fourth Circuit held that a biological opinion issued by the National Marine Fisheries Service as part of EPA's process of reregistering the insecticides chlorpyrifos, diazinon, and…

A California appellate court invalidated a state policy prohibiting development seaward of the most landward historical position of the mean high tide line. The policy is an invalid underground…

A district court held that mining interests may go forward with their CWA, APA, and SMCRA claims against EPA in connection with memoranda and guidance documents concerning permitting processes…

A district court vacated new safety requirements the DOI issued for oil and gas operators in the outer continental shelf. The requirements, issued in a notice to lessees, range from submitting…

A district court granted in part and denied in part the United States' motion to dismiss citizen groups’ claims challenging the approval of certain quarterly oil and gas lease sales…

The court dismissed environmental organizations' claims that the U.S. Environmental Protection Agency, the Department of Housing and Urban Development, and the Tennessee Valley Authority (TVA…

The court affirmed the dismissal of a home builder association's claims that the U.S. Fish and Wildlife Service (FWS) violated the Endangered Species Act (ESA) and the Administrative…

The court reverses a district court decision granting summary judgment in favor of the U.S. Forest Service and held that the agency violated the Administrative Procedure Act (APA) when it…