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Administrative Procedure Act (APA)

Friends of the Capital Crescent Trail v. Federal Transit Administration

A district court granted federal and state transportation agencies' motion to dismiss a nonprofit group's challenge to a light rail project, known as the Purple Line project, that would connect suburban Maryland commuters to existing...

Air Alliance Houston v. U.S. Chemical and Safety Hazard Investigation Board

A district court granted environmental groups' request to compel the U.S. Chemical and Safety Hazard Investigation Board to promulgate regulations concerning accidental chemical releases. The groups argued that the Board's failure to...

Puget Soundkeeper Alliance v. Wheeler

A district court vacated nationwide the Applicability Date Rule, which suspended the effect of the Clean Water Rule until February 2020 and required agencies in the interim to apply the pre-Clean Water Rule definition of "waters of the...

Solenex LLC v. Jewell

A district court vacated DOI's cancellation of an oil company's oil and gas lease in Montana. The company argued that cancellation after more than 30 years for a pre-lease NEPA violation that was never disclosed to the company was...

Natural Resources Defense Council v. National Highway Traffic Safety Administration

The Second Circuit vacated a rule published by the National Highway Traffic Safety Administration indefinitely delaying a previously published rule that increased civil penalties for noncompliance with Corporate Average Fuel Economy...

Animal Legal Defense Fund v. United States Department of Agriculture

The Ninth Circuit, in an unpublished opinion, reversed and remanded a lower court decision dismissing an animal rights group's lawsuit concerning foie gras produced from the livers of force-fed poultry. The group had petitioned USDA's...

Environmental Integrity Project v. McCarthy

A district court upheld EPA's decision to withdraw a proposed rule that would have required concentrated animal feeding operations (CAFOs) to provide information to the Agency to help facilitate EPA's ability to regulate their discharge...

Solonex, LLC v. Jewell

A district court held that DOI has unreasonably delayed agency action in the agency's review of an oil and gas drilling permit on BLM lands in Montana held sacred to Native Americans. Under the APA, agencies must decide issues presented...

Ohio Valley Environmental Coalition v. McCarthy

A district court dismissed environmental groups' CWA citizen suit against EPA for failing to respond in writing to their administrative petition seeking withdrawal of West Virginia's NPDES permit program, but held that the groups may go...

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...

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