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Administrative Procedure Act (APA)

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The Ninth Circuit, in an unpublished opinion, reversed and remanded a lower court decision dismissing an animal rights group's lawsuit concerning foie gras produced from the livers of force-fed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

Perez v. Mortgage Bankers Ass'n

The U.S. Supreme Court held that federal agencies need not follow the APA's formal notice-and-comment procedures when they wish to change an interpretive rule. In Paralyzed Veterans of America v. D. C. Arena L.P., 117 F. 3d 579...

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...

Firebaugh Canal Water District v. United States

The Ninth Circuit affirmed a lower court's grant of summary judgment in favor of DOI in water districts' lawsuit challenging the agency's management of California's Central Valley Project. The water districts argued that DOI should be...

Iowa League of Cities v. Environmental Protection Agency

The Eighth Circuit vacated two EPA letters announcing new legislative rules for water treatment processes at municipally owned sewer system. EPA admitted it did not engage in notice and comment procedures, but it insisted there has been...

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...

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