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Nuclear Info. & Resource Serv. v. NRC

The court holds that petitioners lack standing to challenge a Nuclear Regulatory Commission (NRC) rule that revised regulations governing the exemption standards for the transportation of radioactive material. The petitioners argue that the NRC violated the National Environmental Policy Act in prepa...

Highway J Citizens Group v. Department of Transp.

The court affirms a lower court decision denying environmental groups' motion to preliminarily enjoin a highway expansion project in Wisconsin. The groups argue that the project violates the Administrative Procedure Act, the Clean Water Act, the Federal-Aid Highway Act, and the National Environmenta...

Noe v. Henderson

The court holds that the Migratory Bird Treaty Act (MBTA) and its implementing regulations do not preempt Arkansas regulations governing captive-reared mallard ducks. Captive-bred ducks do not fall within the MBTA's scope of federal permitting requirements, and nothing in the MBTA prohibits a state ...

Chemical Producers & Distribs. Ass'n v. Helliker

The court dismisses as moot a chemical association's challenge to California's pesticide registration laws. The association claimed that the Federal Insecticide, Fungicide, and Rodenticide Act preempts the state registration laws, but the lower court disagreed. While the association's appeal of that...

Ouachita Watch League v. Jacobs

The court holds that a lower court improperly dismissed as unripe environmental groups’ claims that the U.S. Forest Service violated the National Environmental Policy Act (NEPA) when it amended certain forest plans in the southern United States. The lower court erred in dismissing the case bec...

Oregon Natural Resources Council v. BLM

The court held that the Bureau of Land Management’s (BLM’s) environmental assessment (EA) for a logging project in Oregon violated the National Environmental Policy Act and that the lower court erred in dismissing the case as moot. Although the harvested trees cannot be restored, harm to old gro...

Fund for Animals, Inc. v. Kempthorne

The court affirmed a lower court decision denying a motion for preliminary injunction that would require the protection of mute swans under the Migratory Bird Treaty Act. The Act, which implements the migratory bird conventions, makes it unlawful to hunt or kill migratory birds native to the United ...

Sahu v. Union Carbide Corp.

The court held that it lacked appellate jurisdiction over a lower court's partial grant of summary judgment in favor of the parent company of a chemical plant in Bhopal, India, that allegedly caused soil and groundwater contamination. Property owners and residents near the plant sought monetary and ...

Karst Envtl. Educ. & Protection, Inc. v. EPA

The court dismissed environmental organizations' claims that the U.S. Environmental Protection Agency, the Department of Housing and Urban Development, and the Tennessee Valley Authority (TVA) failed to conduct the environmental and historical assessments required by the National Environmental Polic...

International Ctr. for Tech. Assessment v. Johanns

A district court held that the Animal and Plant Health Inspection Service (APHIS) arbitrarily and capriciously denied petitions to list certain genetically engineered varieties of grasses as noxious weeds under the Plant Protection Act. APHIS' insistence that international obligations require that p...