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Jurisdiction

Luminant Generation Co. v. United States Environmental Protection Agency

The Fifth Circuit held that notices of violations EPA sent to two power plant operators for alleged CAA violations were not "final agency action" and, hence, not subject to judicial review. In the notices, EPA claimed that the operators...

Shawnee Trail Conservancy v. Department of Agric.

The court upholds a district court dismissal for lack of subject matter jurisdiction of recreational groups' claims that the U.S. Forest Service violated the U.S. Constitution and the Administrative Procedure Act (APA) when it...

Niagara Mohawk Power Corp. v. Consolidated Rail Corp.

The court holds that a railroad's motion to dismiss a power company's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost-recovery action against it for lack of subject matter jurisdiction must be denied...

HRI, Inc. v. EPA

The court holds that the U.S. Environmental Protection Agency's (EPA's) decision to implement the direct federal underground injection control (UIC) program on certain New Mexico lands based on their Native American or disputed...

Alaska v. Babbitt

The court holds that a district court has jurisdiction under the Quiet Title Act (QTA) to review an Interior Board of Land Appeals' (IBLA's) decision that a Native American's claim for an allotment of land under the Native Allotment Act...

Worldworks I, Inc. v. Department of the Army

The court dismisses for lack of subject matter jurisdiction a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) citizen suit seeking to require that the U.S. Environmental Protection Agency (EPA) and the U.S...

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...

Arrest the Incinerator Remediation, Inc. v. OHM Remediation Servs. Corp.

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts a citizens group's private state-law nuisance action against a contractor hired by the U.S. Environmental Protection Agency...

South Dakota v. Yankton Sioux Tribe

The Court holds that a landfill constructed on land ceded from the Yankton Sioux Reservation in South Dakota by an 1894 Act that diminished the boundaries of the reservation is not subject to federal environmental regulation. The Court...