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Notice-and-comment requirements

Iowa League of Cities v. Environmental Protection Agency

The Eighth Circuit vacated two EPA letters announcing new legislative rules for water treatment processes at municipally owned sewer system. EPA admitted it did not engage in notice and comment procedures, but it insisted there has been...

Western Energy Alliance v. Salazar

A district court vacated two internal DOI guidance documents that address and limit the use of §390 of the Energy Policy Act of 2005, which establishes a "rebuttable presumption" that a categorical exclusion from review under NEPA would...

Ensco Offshore Co. v. Salazar

A district court vacated new safety requirements the DOI issued for oil and gas operators in the outer continental shelf. The requirements, issued in a notice to lessees, range from submitting certifications to performing additional...

Building Indus. Ass'n of Superior Cal. v. Norton

The court affirms a district court denial of summary judgment to a building industry association challenging the U.S. Fish and Wildlife Service's (FWS') listing of four species of fairy shrimp that live in vernal pools in California as...

Foss v. National Marine Fisheries Serv.

The court holds that an individual who applied for an individual fishing quota (IFQ) permit for halibut and sablefish 45 days after the application deadline was not denied due process when his application was rejected. The individual...

Animal Legal Defense Fund, Inc. v. Glickman

The court holds that an individual who suffered aesthetic injuries while observing captive animals living under inhumane conditions at a zoo has standing to challenge U.S. Department of Agriculture (USDA) regulations as violating the...

American Colloid Co. v. Babbitt

The court upholds a U.S. Department of Interior Board of Land Appeals (IBLA) determination that a company's failure to file a stipulation of entry rendered its mining claims null and void ab initio. When the Secretary of the Interior...

B&B Partnership v. United States

The court affirms a district court decision upholding the U.S. Army Corps of Engineers' denial of a Federal Water Pollution Control Act (FWPCA) §404 discharge permit to fill wetlands as part of a rubble landfill project. The court first...

Animal Legal Defense Fund, Inc. v. Glickman

The court holds that an animal welfare group and three individuals lack standing to challenge a U.S. Department of Agriculture (USDA) Animal Welfare Act (AWA) regulation that allows exhibitors of captive primates to develop independent...