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Judicial review

Sierra Club v. Corps of Eng'rs

The court holds that an environmental group has standing to challenge the construction of a proposed levee on the Missouri River under the National Environmental Policy Act (NEPA). The group alleged that the U.S. Army Corps of Engineers...

Peabody Coal Co. v. McCandless

The court vacates a Black Lung Benefits Review Board (Board) decision that upheld an administrative law judge's (ALJ's) determination that a Black Lung Benefits Act claimant established that a deceased relative suffered from black lung...

San Diego, City of v. Whitman

The court holds that a U.S. Environmental Protection Agency (EPA) letter responding to a city's request for assistance as to whether the Ocean Pollution Reduction Act's (OPRA's) conditions would apply to the city's renewal of its Clean...

Independent Petroleum Ass'n of Am. v. Babbitt

The court affirms a district court holding that an oil producers association contesting the U.S. Department of the Interior's (DOI's) take-or-pay royalties policy failed to challenge a final agency action and, therefore, the court...

Carson Harbor Village, Ltd. v. Unocal Corp.

The court reverses a district court decision dismissing on summary judgment a property owner's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claim against prior owners of the property, as well as certain...

Montana Snowmobile Ass'n v. Wildes

The court finds that a U.S. Forest Service letter enforcing a decision to close certain areas of Lolo National Forest to motorized use did not constitute final agency action subject to review under the National Environmental Policy Act...

Freeman v. Glaxo Wellcome, Inc.

The court holds that a pharmaceutical company that sold unused chemicals to a vitamin manufacturing facility is not a party liable for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA...

United States v. Accra Pac, Inc.

The court holds that a district court did not have jurisdiction to review a dispute about language in a U.S. Environmental Protection Agency (EPA) consent decree approving a proposed cleanup plan. The plan was proposed by a company that...

South Bronx Coalition for Clean Air v. Conroy

The court dismisses environmental groups' motion to enjoin the sale of a former bus depot in the South Bronx, New York. The sale is part of a plan to develop a former rail yard adjacent to the depot. The plan provides for an intermodal...

ONRC Action v. Bureau of Land Management

The court holds that environmental groups have no standing under the Administrative Procedure Act (APA) to challenge the U.S. Bureau of Land Management's (BLM's) failure to halt actions adversely affecting the environment during the...