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Energy Policy Act of 2005

Ergon-West Virginia, Inc. v. United States Environmental Protection Agency

The Fourth Circuit granted an oil refinery's petition to review EPA's decision denying the refinery an exemption from biofuel requirements under the Agency's renewable fuel standard program, and vacated the Agency's decision. The...

Nebraska v. United States Environmental Protection Agency

A district court dismissed Nebraska's lawsuit challenging EPA's proposed standards to limit carbon dioxide emissions from new or modified fossil fuel-fired electric utility generating units. As part of the proposed rule, EPA found that...

Klein v. United States Department of Energy

The Sixth Circuit held that DOE's environmental review of a proposed plant that would convert lumber into ethanol complied with NEPA. The company that plans to build the plant sought financial assistance from DOE, which is directed to...

Western Energy Alliance v. Salazar

A district court vacated two internal DOI guidance documents that address and limit the use of §390 of the Energy Policy Act of 2005, which establishes a "rebuttable presumption" that a categorical exclusion from review under NEPA would...