CTS Corp. v. Environmental Protection Agency
The D.C. Circuit denied a petition for review challenging EPA's decision to add property formerly owned by a manufacturing company to the NPL. The company argued that in listing the site, EPA failed to properly consider and analyze relevant data. But the company's objections were without merit. EPA ...
Sierra Club v. Environmental Protection Agency
The D.C. Circuit vacated EPA's gasification exclusion rule, which exempts from RCRA certain hazardous residuals left over from the petroleum refining process. Under the exclusion, oil-bearing hazardous secondary materials that are otherwise hazardous wastes under RCRA §3001 are exempted from RCRA r...
Natural Resources Defense Council v. Environmental Protection Agency
The D.C. Circuit vacated EPA's comparable fuels exclusion, which exempts all fuels deemed comparable to non-hazardous waste-derived fossil fuels from the requirements set forth in RCRA §3004(q). Section 3004(q) directs EPA to establish standards applicable to all facilities that produce, burn for e...
Western Lands Project v. United States Department of Interior
A district court held that BLM complied with NEPA when it issued a programmatic EIS for utility-scale solar energy projects in six southwestern states. Environmental groups filed suit under NEPA, claiming that BLM failed to consider reasonable alternatives to utility-scale solar energy development o...
NO Gas Pipeline v. Federal Energy Regulatory Commission
The D.C. Circuit held that it lacks jurisdiction over petitions for review of a FERC order granting a certificate of public convenience and necessity for the construction of a natural gas pipeline connecting New York and New Jersey. Environmental groups sought review, claiming that FERC violated NEP...
Rodriguez v. Abruzzo
A district court held that a doctor lacks standing to challenge a Pennsylvania law that prohibits doctors from disclosing the mixture of chemical fluids used during hydraulic fracturing when treating patients for chemical exposure. Doctors have a professional and ethical obligation to communicate cr...