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Judicial review

Western Watersheds Project v. Interior Board of Land Appeals

An Idaho district court transferred venue in a challenge to BLM's decision to renew livestock grazing permits for an allotment in northern Utah and to the Interior Board of Land Appeals' (IBLA's) reinstatement of that decision. An...

Arch Coal, Inc. v. Acosta

The D.C. Circuit held that a mining company must exhaust its administrative remedies before it can challenge potential claims filed against it under the Black Lung Benefits Act (BLBA). The BLBA grants coal miners the right to monthly...

Anderson v. McCarthy

A district court, on motions for summary judgment, dismissed a lawsuit against EPA filed by a group of beekeepers, farmers, and organizations concerned about the effect of pesticide-treated seeds on bees and other pollinators. The...

Arlington, Texas v. Federal Communications Comm'n

The U.S. Supreme Court upheld a FCC declaratory ruling that state and local zoning authorities have 150 days to process siting applications for new wireless towers and antennas. Section 332(c)(7)B) of the Communications Act of 1934, as...

Paskar v. United States Department of Transportation

The Second Circuit dismissed a petition for review challenging an FAA letter endorsing a series of recommendations made by a panel of experts regarding the impact of a proposed marine trash-transfer facility on safe airport operations...

National Mining Association v. Jackson

A district court held that EPA overstepped its statutory authority under the CWA and SMCRA when it issued guidance on Appalachian surface coal mining permits. EPA argued that the guidance was not final agency action and, thus, not...

National Mining Ass'n v. Jackson

A district court held that mining interests may go forward with their CWA, APA, and SMCRA claims against EPA in connection with memoranda and guidance documents concerning permitting processes for coal mining. The documents meet...

New Jersey v. NRC

The Third Circuit dismissed New Jersey's petition for review of a Nuclear Regulatory Commission (NRC) guidance document that proposes a long-term control license for facilities that decommission under restricted release regulations but...

Fall River, City of v. Federal Energy Regulatory Comm'n

The First Circuit denied appellants' motion seeking to reverse a July 2005 order of the Federal Energy Regulatory Commission (FERC) granting conditional approval for a liquefied natural gas terminal and FERC's denial of appellants'...

Animal Legal Defense Fund v. Veneman

The court reversed the dismissal of an action challenging the U.S. Department of Agriculture's (USDA's) decision not to adopt a draft policy that would have provided guidance to zoos, research facilities, and other regulated entities in...

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