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Challenges held unripe

National Parks Conservation Ass'n v. Environmental Protection Agency

The D.C. Circuit dismissed Arizona's objection to a consent decree that established a timeline for EPA to approve a SIP, or promulgate a federal implementation plan (FIP), that would meet the requirements of the Regional Haze Rule. A...

Chlorine Institute, Inc. v. Federal Rail Administration

The D.C. Circuit dismissed as unripe a trade association's lawsuit challenging portions of a Federal Rail Administration (FRA) rule that requires qualifying rail carriers to submit an implementation plan to install a "positive train...

American Petroleum Institute v. Environmental Protection Agency,

The D.C. Circuit held unripe an oil and natural gas association's petition for review challenging a 2008 EPA regulation deregulating many hazardous secondary materials under RCRA. The association argued that EPA erred in not...

Otay Land Co. v. United Enters. Ltd.

The Ninth Circuit dismissed as unripe property owner's CERCLA and RCRA claims against the former owners for the costs of removing lead and other pollutants deposited on the land, which had been used as a shooting range. The owner's...

Utah v. Department of the Interior

The Tenth Circuit affirmed a lower court decision dismissing environmental groups' claims challenging a proposed settlement agreement between Utah and the Bureau of Land Management (BLM) concerning the agency's inventory, classification...

Solow Bldg. Co. v. ATC Assocs.

A court dismisses a building owner's request for a declaratory judgment entitling it to indemnification for any damages or penalties it may be obligated to pay arising from asbestos violations that occurred during asbestos abatement...

Stearns Co., Ltd. v. United States

The Federal Circuit reversed a lower court decision that the Surface Mining Control and Reclamation Act (SMCRA) produced a physical taking of a company's mineral rights. In 1937, the company sold the surface rights of land in the Daniel...

Morris v. United States

The Federal Circuit affirms a lower court decision finding property owners' takings claim against the National Marine Fisheries Service unripe. The owners sought to harvest redwood trees on their property. After learning that the cost...

Natural Resources Defense Council v. Abraham

The Ninth Circuit held unripe nonprofit groups' action to obtain a declaration that a U.S. Department of Energy order that outlines the management of defense radioactive waste is invalid. Delayed review will not cause any real...

Patel v. Chicago, City of

The Seventh Circuit held that a motel owner's challenge to a city ordinance that designated its property as a potential target for acquisition is unripe. The owner's claim, whether labeled an equal protection claim or a takings claim,...

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