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Nuclear Info. & Resource Serv. v. Nuclear Regulatory Comm'n

The D.C. Circuit denied citizen advocacy groups' claim that the Nuclear Regulatory Commission violated the National Environmental Policy Act and the Atomic Energy Act when it granted a license for a new, privately owned facility in New Mexico to produce enriched uranium as fuel for nuclear reactors....

North Slope Borough v. Minerals Management Serv.

A district court dismissed a lawsuit filed by Alaska native groups seeking to rescind certain oil and gas leases issued by the Minerals Management Service (MMS) in 2007. The MMS prepared an EIS in 2003 for lease sales that were to occur in 2003, 2005, and 2007. Because of the time lag between the 20...

Missouri v. Corps of Eng'rs

The Eighth Circuit held that the U.S. Army Corps of Engineers did not violate the National Environmental Policy Act (NEPA) when it implemented certain revisions to the operational document for the Missouri River Mainstem Reservoir System without preparing a supplemental environmental impact statemen...

Pacific Merchant Shipping Ass'n v. Goldstene

The Ninth Circuit upheld an injunction enjoining the California Air Resources Board from enforcing state regulations that limit emissions from the auxiliary diesel engines of ocean-going vessels within 24 miles of California's coast. Clean Air Act (CAA) §209(e)(2)(A) requires California to obta...

Michigan Gambling Opposition v. Kempthorne

The D.C. Circuit held that the U.S. Department of the Interior's (DOI's) approval of a proposed casino on Native American lands did not violate the National Environmental Policy Act (NEPA). An internal DOI document states that proposals for "large" and/or "potentially controversial" gaming establish...

Winthrop, Town of v. Federal Aviation Admin.

The First Circuit denied a petition for review of a Federal Aviation Administration (FAA) order permitting the construction of a new taxiway at Boston's Logan International Airport. The new taxiway is intended to ease congestion at the airport, thereby reducing the amount of time planes spend idling...

National Wildlife Fed'n v. Schaefer

A district court issued a preliminary injunction limiting the amount of cattle grazing allowed on conservation reserve program (CRP) lands. In May, the U.S. Department of Agriculture (USDA) began a critical feed use haying and grazing program on CRP lands to deal with rising feed prices. But in so d...

United States v. Alabama Power Co.

A district court held that the applicable legal test for the "routine maintenance, repair, and replacement" exclusions found in the Clean Air Act (CAA) should be applied to activities that are considered "routine in the industry" rather than "routine at the unit." In a CAA enforcement action filed a...

Fener v. Hunt

The court holds that a U.S. Forest Service timber sale on the George Washington National Forest in Virginia was not arbitrary and capricious and did not violate the National Forest Management Act (NFMA) or the National Environmental Policy Act (NEPA) as alleged by a neighboring landowner. The court ...

Knaust v. Kingston, City of

The court holds that claims, asserting violations of various environmental statutes, the common-law nuisance doctrine, and the Fifth Amendment's takings clause, based on landowners' allegations that a proposed business park's stormwater management system will not prevent petroleum-based pollutants f...