The court holds that it lacks jurisdiction to hear a citizen group's request for a preliminary injunction against the U.S. Nuclear Regulatory Commission (NRC) to prevent further implementation of the early component removal plan for decommissioning the Yankee Rowe nuclear power plant and to enjoin t...
The court holds that a district court lacked jurisdiction over a parent corporation's challenge to a pending U.S. Nuclear Regualatory Commission (NRC) hearing to determine whether the company was liable for cleanup costs at the facility of its subsidiary, which is an NRC licensee. The NRC attempted ...
The court holds that the U.S. Department of Transportation (DOT) acted within the scope of its discretion in issuing a regulation that established a rebuttable presumption that loose closures on railroad tank cars transporting hazardous materials result from the shipper's failure to conduct a proper...
The court holds that a Michigan confined disposal facility (CDF) run by the U.S. Army Corps of Engineers (the Corps) must accept dredged materials that were accumulated to determine the environmental impacts that the construction of a combined sewer overflow (CSO) retention basin will have on a cree...
The court denies a California public utility's petition for a writ of mandamus staying various aspects of a Federal Energy Regulatory Commission (FERC) order addressing the crisis surrounding California's restructuring of its electricity market, and denies a city's petition for mandamus ordering FER...
The court holds that the Federal Aviation Administration's (FAA's) and Air National Guard's (ANG's) orders approving the Colorado Airspace Initiative (Initiative) and its underlying environmental impact analysis did not violate the National Environmental Policy Act (NEPA), the Federal Aviation Act, ...
A district court ordered the Tennessee Valley Authority (TVA) to install and continuously operate scrubbers at four power plants in Tennessee and Alabama. North Carolina filed a public nuisance claim against TVA, citing urgent environmental concerns due to air pollution emitted by TVA's coal-fired p...
The Fourth Circuit reversed a lower court decision rejecting the U.S. Coast Guard's interpretation of its own regulations concerning the installation of double hulls on oil tankers overseas. Under U.S. law, a vessel becomes ineligible to participate in the coastwise trade if significant work is perf...
The court affirmed a lower court's grant of summary judgment in favor of a power company charged with modifying its power plants without first obtaining permits in violation of the Clean Air Act's (CAA's) prevention of significant deterioration (PSD) provisions. The company updated its coal-fired ge...
The court vacates the U.S. Environmental Protection Agency's equipment replacement provision (ERP) rule, which expanded the routine maintenance, repair, and replacement exclusion from new source review (NSR) requirements by allowing sources to avoid NSR when replacing equipment that does not exceed ...