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Audubon Society of Portland v. Jewell

A district court adopted a magistrate judge's report and recommendation and ordered FWS to finalize and approve a comprehensive conservation plan for five national wildlife refuges in the Klamath Basin Complex on or before August 1, 2016. FWS conceded, and the court had already ordered, that FWS vio...

Delaware Department of Natural Resources v. Environmental Protection Agency

The D.C. Circuit reversed and vacated a portion of a January 2013 rule in which EPA revised the NESHAPs and new source performance standards for backup generators. Specifically, the court held that EPA acted arbitrarily and capriciously when it modified the NESHAPs and NSPS to allow backup generator...