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Custer County Action Ass'n v. Garvey

The court holds that the Federal Aviation Administration's (FAA's) and Air National Guard's (ANG's) orders approving the Colorado Airspace Initiative (Initiative) and its underlying environmental impact analysis did not violate the National Environmental Policy Act (NEPA), the Federal Aviation Act, ...

North Carolina v. Tennessee Valley Auth.

A district court ordered the Tennessee Valley Authority (TVA) to install and continuously operate scrubbers at four power plants in Tennessee and Alabama. North Carolina filed a public nuisance claim against TVA, citing urgent environmental concerns due to air pollution emitted by TVA's coal-fired p...

Shipbuilders Council of Am. v. U.S. Coast Guard

The Fourth Circuit reversed a lower court decision rejecting the U.S. Coast Guard's interpretation of its own regulations concerning the installation of double hulls on oil tankers overseas. Under U.S. law, a vessel becomes ineligible to participate in the coastwise trade if significant work is perf...

BNSF Ry. Co. v. Surface Transp. Bd.

The court denies a railway company's petition for review of a Surface Transportation Board order rejecting as unreasonable certain rates the railroad charged to a company to ship coal. The board issued its ruling three-and-one-half years after a complaint was filed. Because 49 U.S.C. §11701(c) prov...

Casitas Mun. Water Dist. v. United States

The court held that the U.S. Bureau of Reclamation did not breach its repayment contract with a municipal water district concerning a water reclamation project on the Ventura River in California when it required the district to build a $9.1 million fish passage facility and to relinquish a portion o...

Northwest Envtl. Defense Ctr. v. Bonneville Power Admin.

The court held that the Bonneville Power Administration (BPA) arbitrarily and capriciously transferred the functions performed by the Fish Passage Center—providing technical assistance and information to fish and wildlife agencies, Indian tribes, and the general public on matters related to salmon...

Hall v. Department of Labor

The court upheld a U.S. Department of Labor administrative review board decision dismissing a civilian chemist's complaint that his former employer—the U.S. Army—violated the employee protection provisions of several environmental statutes and retaliated against him by creating a hostile work en...

Western Watersheds Project v. Kraayenbrink

A district court held that the Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act (FLPMA), and the Endangered Species Act (ESA) when it revised its nationwide grazing regulations. In issuing the regulations, which general...

Exxon Mobil Corp. v. Federal Energy Regulatory Comm'n

The D.C. Circuit denied petitions to review two Federal Energy Regulatory Commission (FERC) regulations concerning the project design and capacity expansion of Alaska natural gas transportation projects. The petitioner wants to construct a natural gas pipeline from the North Slope of Alaska to the c...

Environmental Defense v. Corps of Eng'rs

The court holds that the U.S. Army Corps of Engineers' authorization of a flood control project in the St. Johns Bayou and New Madrid Floodway on the west bank of the Mississippi River violates the Administrative Procedure Act (APA) and enjoined further construction work on the project. Environmenta...