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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...
Harmon Indus., Inc. v. Browner
The court holds that the U.S. Environmental Protection Agency's (EPA's) practice of overfiling in those states where it has authorized state enforcement of the Resource Conservation and Recovery Act (RCRA) oversteps the Agency's authority under the Act. EPA initiated a RCRA enforcement action agains...
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 ...
Molycorp, Inc. v. EPA
The court holds that it lacks jurisdiction to review a mining corporation's Resource Conservation and Recovery Act (RCRA) claims arising from a U.S. Environmental Protection Agency (EPA) document addressing whether certain mining processes produced hazardous waste. The document discussed the rare ea...
Jorling v. Department of Energy
The court affirms a district court decision holding that hazardous waste regulatory charges imposed by New York on federal installations operated by the U.S. Department of Energy (DOE) in New York are reasonable service charges within the meaning of Resource Conservation and Recovery Act §6001(a), ...
United States v. Hill
The court upholds Resource Conservation and Recovery Act civil penalties of $ 4,746,500 against a gas station owner for violating U.S. Environmental Protection Agency (EPA) administrative orders issued after a serious gasoline spill from the station. The court first holds that the civil penalty impo...