Jump to Navigation
Jump to Content

"Final agency action" construed

Paskar v. United States Department of Transportation

The Second Circuit dismissed a petition for review challenging an FAA letter endorsing a series of recommendations made by a panel of experts regarding the impact of a proposed marine trash-transfer facility on safe airport operations...

National Mining Association v. Jackson

A district court held that EPA overstepped its statutory authority under the CWA and SMCRA when it issued guidance on Appalachian surface coal mining permits. EPA argued that the guidance was not final agency action and, thus, not...

National Mining Ass'n v. Jackson

A district court held that mining interests may go forward with their CWA, APA, and SMCRA claims against EPA in connection with memoranda and guidance documents concerning permitting processes for coal mining. The documents meet...

New Jersey v. NRC

The Third Circuit dismissed New Jersey's petition for review of a Nuclear Regulatory Commission (NRC) guidance document that proposes a long-term control license for facilities that decommission under restricted release regulations but...

Animal Legal Defense Fund v. Veneman

The court reversed the dismissal of an action challenging the U.S. Department of Agriculture's (USDA's) decision not to adopt a draft policy that would have provided guidance to zoos, research facilities, and other regulated entities in...

Sierra Club v. Corps of Eng'rs

The court holds that an environmental group has standing to challenge the construction of a proposed levee on the Missouri River under the National Environmental Policy Act (NEPA). The group alleged that the U.S. Army Corps of Engineers...

San Diego, City of v. Whitman

The court holds that a U.S. Environmental Protection Agency (EPA) letter responding to a city's request for assistance as to whether the Ocean Pollution Reduction Act's (OPRA's) conditions would apply to the city's renewal of its Clean...

Independent Petroleum Ass'n of Am. v. Babbitt

The court affirms a district court holding that an oil producers association contesting the U.S. Department of the Interior's (DOI's) take-or-pay royalties policy failed to challenge a final agency action and, therefore, the court...

Carson Harbor Village, Ltd. v. Unocal Corp.

The court reverses a district court decision dismissing on summary judgment a property owner's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claim against prior owners of the property, as well as certain...

Montana Snowmobile Ass'n v. Wildes

The court finds that a U.S. Forest Service letter enforcing a decision to close certain areas of Lolo National Forest to motorized use did not constitute final agency action subject to review under the National Environmental Policy Act...