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Chlorine Institute, Inc. v. Federal Rail Administration
The D.C. Circuit dismissed as unripe a trade association's lawsuit challenging portions of a Federal Rail Administration (FRA) rule that requires qualifying rail carriers to submit an implementation plan to install a "positive train control" (PTC) system no later than December 31, 2015, on certain t...
Styrene Information & Research Center, Inc. v. Sebelius
A district court upheld the U.S. Department of Health and Human Services' (HHS') decision to list styrene in its Twelfth Report on Carcinogens, which identifies agents, substances, mixtures, and exposure circumstances that are known or reasonably anticipated to cause cancer in humans. The report pro...
Conservation Northwest v. Sherman
The Ninth Circuit held that a court may not approve a consent decree that substantially and permanently amends regulations that the agency could only otherwise amend by complying with statutory rulemaking procedures. The consent decree at issue in the case arose from a settlement between environment...
Center for Biological Diversity v. Environmental Protection Agency
A district court dismissed with leave to amend environmental groups' lawsuit against EPA alleging that it violated the ESA by failing to undertake required consultations regarding the effects of 382 registered pesticides on endangered and threatened species. The groups seek a broad remedy—an injun...