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Clean Water Action Council of Northeastern Wisconsin, Inc. v. United States Environmental Protection Agency
The Seventh Circuit dismissed an environmental group's lawsuit challenging EPA's decision not to object to Wisconsin's renewal of a Title V permit for a pre-1975 paper mill. Under the CAA's PSD program, emissions from pre-1975 sources count as part of the emissions baseline and not toward the overal...
Sierra Club v. Energy Future Holdings Corp
A district court ordered an environmental group to pay $6.4 million in attorney fees in a citizen suit it filed against the owners of a Texas coal-fired power plant for alleged CAA violations. Below, the court dismissed the group's claims that the plant violated the Act's particulate matter (PM) and...
Mc Allen Grace Brethren Church v. Salazar
The Fifth Circuit held that DOI's ban on owning bald eagle feathers under the Bald and Golden Eagle Protection Act violates the Religious Freedom Restoration Act (RFRA). DOI's implementation of the Bald and Golden Eagle Protection Act prohibits American Indians who are not members of federally recog...
Markle Interests, LLC v. United States Fish & Wildlife Service
A district court upheld FWS' designation of 1,544 acres of a privately owned tree farm in Louisiana as critical habitat essential for the conservation of the dusky gopher frog, an endangered species. The frog, listed in 2001, is located only in Mississippi; it does not presently occupy the tree farm...
Sierra Club v. U.S. Environmental Protection Agency
The Ninth Circuit vacated and remanded EPA's decision to issue a PSD permit allowing a power company to build and operate a 600 megawatt natural gas-fired power plant. EPA missed the one-year statutory deadline to grant or deny the permit; during this same period, EPA tightened the applicable air qu...