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Dow Agrosciences LLC v. National Marine Fisheries Service

A district court upheld a NMFS biological opinion (BiOp) concluding that EPA's registration decisions under FIFRA for three insecticides—chlorpyrifos, diazinon and malathion—were likely to jeopardize the continued existence of 27 protected species of salmon and steelhead fish and would destroy o...

United States v. Accra Pac, Inc.

The court holds that a district court did not have jurisdiction to review a dispute about language in a U.S. Environmental Protection Agency (EPA) consent decree approving a proposed cleanup plan. The plan was proposed by a company that abandoned an acrosol can facility following an explosion and a ...

Aluminum Co. of Am. v. Administrator

The court denies a petition to review the Bonneville Power Administration's (BPA's) record of decision (ROD) regarding the operations of the Federal Columbia River Power System (FCRPS). The National Marine Fisheries Service (NMFS) concluded that under the Endangered Species Act (ESA), continued oper...

Harmon Indus., Inc. v. Browner

The court holds that the U.S. Environmental Protection Agency's (EPA's) practice of overfiling in those states where it has authorized state enforcement of the Resource Conservation and Recovery Act (RCRA) oversteps the Agency's authority under the Act. EPA initiated a RCRA enforcement action agains...