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Iroquois Gas Transmission Sys., L.P. v. Federal Energy Regulatory Comm'n

The court remands a Federal Energy Regulatory Commission (FERC) decision holding that a natural gas company's legal costs incurred in defending alleged environmental violations could not be included in its rate base used to calculate its permissible charges. The court first holds that FERC has not m...

National Propane Gas Ass'n v. Department of Transp.

The court upholds the Research and Special Programs Administration's (RSPA's) final emergency discharge control rule for cargo tank motor vehicles and its interpretation of the attendance regulation requiring an operator to be in attendance during the loading and unloading of cargo tanks. Gas compan...

Martin v. Federal Energy Regulatory Comm'n

The court denies a property owner's petition to review the Federal Energy Regulatory Commission's (FERC's) authorization of the construction of a pipeline that would traverse part of the owner's historic property. The court first holds that it has jurisdiction to hear the claim. Although the landown...

Black v. Arthur

The court holds that a U.S. Forest Service regulation governing special use permits for gatherings of 75 people or more does not violate the U.S. Constitution. The court first holds that the regulation constitutes neither a facially invalid prior restraint nor a facially invalid time, place, or mann...

Cellular Phone Taskforce v. Federal Communications Comm'n

The court affirms two Federal Communications Commission (FCC) orders that promulgated guidelines for health and safety standards for radio frequency radiation. In addition to health and safety requirements, the guidelines streamlined procedures for meeting requirements under the National Environment...

ANR Pipeline Co. v. Federal Energy Regulatory Comm'n

The court upholds a Federal Energy Regulatory Commission (FERC) order and denies a gas pipeline operator's petition to review FERC's decision not to hold a comparative hearing before permitting a competitor of the operator to build and operate a natural gas pipeline, and further holds that the opera...

National Whistleblower Ctr. v. NRC

The court upholds a Nuclear Regulatory Commission (NRC) decision denying an interest group's request to intervene in a nuclear power plant's license renewal proceeding. The court first holds that the NRC properly adopted an unavoidable and extreme circumstances test, instead of a good-cause test, to...

Dureiko v. United States

The court holds that the Court of Federal Claims improperly held that the Stafford Act, collateral estoppel, and a contract release barred a South Florida trailer park owner's breach of contract claim against the federal government, but the owner's taking and inverse condemnation claims were appropr...

Conservation Law Found. v. Federal Energy Regulatory Comm'n

The court denies petitions to review the Federal Energy Regulatory Commission's (FERC's) relicensing of a hydroelectric project in Maine. The petitioners argue that FERC's rejection of minimum flow requirements in a branch of the Penobscot River that is blocked from receiving water due to a dam loca...

Sierra Resources, Inc. v. Herman

The court denies a construction company's petition to review an administrative law judge's (ALJ's) order upholding a nine-item citation against the company for violating Occupational Safety and Health Administration (OSHA) standards for lead exposure in construction work. The court first holds that ...