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"Final agency action" construed

Hawkes Co. v. United States Army Corps of Engineers

The Eighth Circuit held that a U.S. Army Corps of Engineers jurisdictional determination (JD) is a final agency action under the APA, thereby creating a split between the circuits. The case arose after a company sought to mine peat from...

Pebble Limited Partnership v. United States Environmental Protection Agency

A district court dismissed a lawsuit challenging EPA's initiation of CWA §404(c) proceedings for the proposed Pebble Mine project, a large copper and gold mine in the Bristol Bay region of southwest Alaska. Alaska, which owns the...

American Tradition Institute Environmental Law Center v. United States Environmental Protection Agency

A district court dismissed a nonprofit group's lawsuit seeking to halt EPA studies that expose humans to fine particulate matter. The challenged EPA conduct does not constitute final agency action. EPA's alleged failure to comply with...

Dow AgroSciences LLC v. National Marine Fisheries Service

The Fourth Circuit held that a biological opinion issued by the National Marine Fisheries Service as part of EPA's process of reregistering the insecticides chlorpyrifos, diazinon, and malathion is subject to judicial review...

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...

Amigos Bravos v. BLM

A district court granted in part and denied in part the United States' motion to dismiss citizen groups’ claims challenging the approval of certain quarterly oil and gas lease sales under, among other things, the APA, FLPMA, the...

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...

National Ass'n of Home Builders v. Norton

The court affirmed the dismissal of a home builder association's claims that the U.S. Fish and Wildlife Service (FWS) violated the Endangered Species Act (ESA) and the Administrative Procedure Act (APA) in its promulgation of survey...

Colorado Farm Bureau Fed'n v. U.S. Forest Serv.

The court holds that farmer and cattlemen associations lack standing under the Administrative Procedure Act (APA), 5 U.S.C. §551(13), to challenge the U.S. Forest Service's involvement with the Colorado lynx recovery plan, which...

Churchill County v. Babbitt

The court holds that a city and county have standing to challenge the U.S. Department of the Interior (DOI) for implementing a water rights acquisition plan in Nevada before preparing a programmatic environmental impact statement (PEIS...