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Granholm ex rel. Mich. Dep't of Natural Resources v. Federal Energy Regulatory Comm'n
The court holds that a state's failure to seek rehearing of the Federal Energy Regulatory Commission's (FERC's) order on remand in a case involving a hydroelectric power license application deprives the court of jurisdiction. After denying the state's initial motions for rehearing, FERC filed an uno...
Envirocare of Utah, Inc. v. NRC
The court upholds two Nuclear Regulatory Commission (NRC) orders that refused on standing grounds a radioactive waste disposal facility's request for hearing and intervention in the licensing proceedings of two competitor disposal facilities. The court first holds that the NRC correctly stated that ...
Mt. Lookout-Mt. Nebo Property Protection Ass'n v. Federal Energy Regulatory Comm'n
The court holds that the Federal Energy Regulatory Commission's (FERC's) decision to approve a city's application to amend a hydroelectric power license did not violate the National Environmental Policy Act (NEPA) or the Federal Power Act (FPA). The application proposed the running of a 9.6-mile pow...
American Farm Bureau Federation v. United States Environmental Protection Agency
A district court held that environmental groups and water associations may intervene in a lawsuit challenging EPA's TMDL for the Chesapeake Bay and its tributaries. The plaintiffs in the lawsuit argued that the TMDL should be vacated because EPA lacked authority under the CWA to issue the TMDL, the ...
Natural Resources Defense Council v. Watkins
The court holds that the district court erred in holding that environmental groups lack standing in their Federal Water Pollution Control Act citizen suit challenging the Department of Energy's (DOE's) proposed reopening of a nuclear reactor at the Savannah River site in South Carolina. The reactor ...
Natural Resources Defense Council v. Defense Nuclear Facilities Safety Bd.
The court denies a suggestion for rehearing en banc of its prior decision in Natural Resources Defense Council v. Defense Nuclear Facilities Safety Board, 22 ELR 21381, which held that the Board's regulation allowing it to close meetings, or portions of meetings, concerning its recommendations relat...
Sayles Hydro Ass'n v. Maughan
The court holds that the Federal Power Act (FPA) preempts state regulation of a federally licensed hydroelectric power project in a national forest in California. The court first holds that the action is ripe for review even though plaintiff dam operator has not completed the state permitting proces...
Commonwealth Edison Co. v. United States
The court affirms the dismissal of a domestic utility company's allegation that the Energy Policy Act of 1992 (EPACT) unconstitutionally imposed monetary assessments on domestic utilities for the remediation of environmentally contaminated U.S. uranium processing facilities. Beginning in the 1960s, ...