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Maple Drive Farms Ltd. Partnership v. Vilsack

The Sixth Circuit held that USDA failed to comply with its own regulations when it determined a farm was ineligible for program benefits under the "Swampbuster" provisions of the Food Security Act of 1985. USDA determined the farm was ineligible for benefits because it converted two acres of wetland...

Pine Creek Watershed Ass'n v. United States Environmental Protection Agency

A district court held that EPA does not have a mandatory duty to review an amendment to the Pennsylvania Sewage Facilities Act under the CWA. The amendment allows the use of certain on-lot sewage systems to satisfy the state's antidegradation requirements. An environmental group claimed the amendmen...

Murray Energy Corp. v. McCarthy

A district court held that coal companies have standing in their CAA lawsuit against EPA for failing to evaluate the potential for job losses stemming from the Agency's CAA regulation and enforcement efforts. The coal companies alleged that EPA's actions have had a coercive effect on the power gener...

St. Marys Cement Inc. v. United States Environmental Protection Agency

The Sixth Circuit denied a cement company's petition to vacate an EPA rule requiring it to add more stringent air pollution controls at one of its portland-cement plants. The Michigan Department of Natural Resources and Environment had previously deemed the plant's pollution controls sufficient and ...

Florida Wildlife Federation v. McCarthy

A district court dismissed environmentalists' claim that EPA should have reviewed the entirety of Florida's impaired water rule (IWR), not just the portion that constitutes a new or revised water quality standard. States retain discretion to enact and to enforce—without EPA’s review and approval...