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Protect Our Communities Foundation v. Jewell
The Ninth Circuit upheld BLM's decision to grant a right-of-way allowing a wind energy project to be built and operated on federal lands in southeast San Diego County. Community groups argued that BLM violated NEPA, the Migratory Bird Treaty Act (MBTA), and the Bald and Golden Eagle Protection Act i...
Utah Physicians for a Healthy Environment v. Kennecott Utah Copper LLC
A district court dismissed on summary judgment environmental groups' lawsuit against a mining company for alleged SIP violations as it relates to NAAQS for coarse particular matter (PM10). Under the Utah SIP's "material moved" provision for PM10, total material moved (ore and waste) may not exceed 1...
Nucor Steel-Arkansas v. Big River Steel, LLC
The Eighth Circuit affirmed a lower court decision dismissing a steel company's CAA citizen lawsuit seeking injunctive relief to stop a competitor from constructing or continuing to construct a steel mill. Arkansas's environmental agency already issued the competitor a preconstruction PSD permit. Ne...