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Levine v. Vilsack

The Ninth Circuit held that animal rights organizations lacked standing to challenge a USDA notice stating that "there is no specific federal humane handling and slaughter statute for poultry." The lower court entered summary judgment in favor of the USDA, holding that while the plain meaning of the...

America Gas Ass'n v. Federal Energy Regulatory Comm'n

The D.C. Circuit ordered FERC to reconsider its reporting rules for interstate natural gas pipelines. During the public comment period, petitioners—a national trade association of gas utility companies—requested additional and more detailed reporting requirements for shipper-supplied gas for pip...

River Runners for Wilderness v. Martin

The Ninth Circuit affirmed a lower court’s decision to dismiss environmental groups’ action against the National Park Service (NPS) on the grounds that NPS did not act arbitrarily and capriciously under the APA by adopting a management plan that permitted the continued use of motorized raft and ...

Delaware Dep't of Natural Resources & Envtl. Control v. Corps of Eng'rs

A district court granted in part and denied in part the motion of the Mine Safety and Health Administration (MSHA) to dismiss a mine operator’s action relating to the MSHA’s use of a citation quota, which allegedly caused mine inspectors to issue baseless citations to the operator. As a prelimin...

Mays v. Tennessee Valley Auth.

A district court allowed negligence claims against the Tennessee Valley Authority (TVA) to continue in seven lawsuits stemming from a coal-ash spill, but it held that the TVA is not subject to punitive damages. Plaintiffs filed four class action complaints and four non-class action complaints seekin...

Native Village of Point Hope v. Salazar

The Ninth Circuit, in a memorandum opinion, ruled that the Minerals Management Service (MMS) complied with NEPA and the Outer Continental Shelf Lands Act (OCSLA) in approving oil companies' plans for exploratory drilling in the Beaufort and Chukchi Seas, Alaska. Petitioners claimed that there are mu...

Jupiter Energy Corp. v. Federal Energy Regulatory Comm'n

The Fifth Circuit vacated the Federal Energy Regulatory Commission's (FERC's) decision that two natural gas pipelines perform a "transportation" function rather than a "gathering" function, thereby subjecting them to FERC jurisdiction's under the Natural Gas Act. Natural gas flows from gathering pip...

Save Our Sebasticook v. Federal Energy Regulatory Comm

The court dismisses in part and denies in part a petition for judicial review of the Federal Energy Regulatory Commission's decision to allow an owner and operator of a hydroelectric project on the Sebasticook River in Maine to surrender its license and breach a dam. Nearby landowners complained tha...

National Comm. for the New River v. Federal Energy Regulatory Comm'n

The court dismisses an environmental group's petition for review of seven Federal Energy Regulatory Commission (FERC) orders concerning a natural gas pipeline extension from Virginia to North Carolina. The group lacked standing to assert its claim that the natural gas company's route realignments we...