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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...
Comer v. Murphy Oil USA, Inc.
The Fifth Circuit affirmed a lower court decision that the doctrine of res judicata bars individuals' trespass, nuisance, and negligence claims against numerous oil, coal, electric, and chemical companies for damages stemming from Hurricane Katrina. The individuals asserted that the companies' activ...
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...