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Environmental Protection Agency

National Mining Ass'n v. Corps of Eng'rs

The court holds that the Tulloch rule's requirement of a Federal Water Pollution Control Act (FWPCA) §404 permit for incidental fallback exceeds the scope of the U.S. Army Corps of Engineers' FWPCA statutory authority. The...

Columbia Falls Aluminum Co. v. EPA

The court holds that the U.S. Environmental Protection Agency's (EPA's) use of the toxicity characteristic leaching procedure (TCLP) to measure compliance with the Resource Conservation and Recovery Act (RCRA) treatment standard for...

United States v. Henry

The court upholds the conviction of the owner of a contaminated soil recycling facility under Resource Conservation and Recover Act (RCRA) §3008(d)(1) for transporting hazardous waste to an unpermitted facility. The court first holds...

Strahan v. Coxe

The court vacates part of an injunction requiring state environmental agency officials to apply for a permit under the Marine Mammal Protection Act (MMPA) for takings caused by the agency's permitting and licensing operations, but...

Oxy USA, Inc. v. Babbitt

The court holds that oil and gas lessees failed to state a claim under the Outer Continental Shelf Lands Act's (OCSLA's) citizen suit provision when they challenged the U.S. Department of the Interior's (DOI's) determination that...

New Mexico v. EPA

The court holds that the U.S. Environmental Protection Agency's (EPA's) guidelines for carrying out the certification of Waste Isolation Pilot Plant's (WIPP's) compliance with radioactive waste disposal regulations are specific enough...

Environmental Technology Council v. Browner

The court refuses to approve a proposed consent decree requiring the U.S. Environmental Protection Agency (EPA) to issue a notice of proposed revisions to its hazardous waste identification rule by August 15, 1995, and to issue its...

Natural Resources Defense Council v. EPA

The court upholds the U.S. Environmental Protection Agency's (EPA's) decision not to list used oil from gasoline-powered engines that is destined for disposal as hazardous waste under the Resource Conservation Recovery Act (RCRA). The...

Sanjour v. EPA

The court holds that an Office of Government Ethics' (OGE's) regulation allowing federal employees to accept reimbursement for expenses incurred in giving "official" speeches, but not "unofficial" speeches, is valid on its face under...