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Administrative Procedure Act (APA)

California Communities Against Toxics v. Environmental Protection Agency

The D.C. Circuit dismissed a challenge to a 2018 EPA memo that interpreted §112 of the CAA to mean that major sources of toxic emissions could reclassify to area sources and thereby ease their regulatory obligations. California and...

Kisor v. Wilkie

The U.S. Supreme Court upheld the Auer doctrine, deferring to the Department of Veterans Affairs' interpretation of an ambiguous regulation in a lawsuit concerning disability benefits. A veteran challenged the lower court's application...

California v. United States Department of the Interior

A district court granted California's and New Mexico's motion for summary judgment in an APA challenge to DOI's repeal of the Valuation Rule and its restoration of prior regulations governing payment of royalties on oil, gas, and coal...

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...

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