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Wildearth Guardians v. Public Service Co. of Colorado

The Tenth Circuit dismissed as moot an environmental group's CAA citizen suit against an energy company for building a new coal-fired power plant in Pueblo, Colorado, without a valid construction permit. Although the project initially complied with all applicable federal and state laws when construc...

Wildearth Guardians v. Salazar

A district court dismissed environmental groups' lawsuits challenging BLM's decision to authorize the leasing of certain public lands in northeastern Wyoming for coal mining operations. The groups, who claim that BLM failed to prepare an adequate EIS before authorizing the leasing of the tracts at i...

Clean Harbors, Inc. v. CBS Corp.

A district court dismissed a landfill owner's RCRA action in which it sought an injunction requiring the former owner to perform certain remedial and investigative actions at the site. EPA issued the former owner a RCRA cleanup order and permit in 1998. In 2002, the current owner purchased the site ...

Southern Union Co. v. United States

The U.S. Supreme Court overturned an $18 million fine imposed against a pipeline operator for storing liquid mercury at one of its facilities without a permit in violation of RCRA. In Apprendi v. New Jersey, 530 U.S. 466, the Court held that the Sixth Amendment's jury-trial guarantee requires th...

Gulf Restoration Network, Inc. v. Salazar

The Fifth Circuit dismissed environmental groups' petitions challenging DOI's approval of 16 oil well exploration and development plans that were issued between March 29 and May 20, 2010, under the Outer Continental Shelf Lands Act (OCSLA). The groups argued that the agency failed to consider th...