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Ohio River Valley Envtl. Coalition, Inc. v. Salazar

A district court held that the West Virginia Department of Environmental Protection may intervene in environmental groups' lawsuit challenging the DOI Secretary's approval of two amendments to the state's surface mining regulatory...

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...

Huron Envtl. Activist League v. EPA

The court holds that the U.S. Environmental Protection Agency (EPA) did not "utilize" a cement industry working group as an "advisory committee" within the meaning of the Federal Advisory Committee Act (FACA). Although EPA determined...