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Ripeness

National Parks Conservation Ass'n v. Environmental Protection Agency

The D.C. Circuit dismissed Arizona's objection to a consent decree that established a timeline for EPA to approve a SIP, or promulgate a federal implementation plan (FIP), that would meet the requirements of the Regional Haze Rule. A...

Chlorine Institute, Inc. v. Federal Rail Administration

The D.C. Circuit dismissed as unripe a trade association's lawsuit challenging portions of a Federal Rail Administration (FRA) rule that requires qualifying rail carriers to submit an implementation plan to install a "positive train...

American Petroleum Institute v. Environmental Protection Agency,

The D.C. Circuit held unripe an oil and natural gas association's petition for review challenging a 2008 EPA regulation deregulating many hazardous secondary materials under RCRA. The association argued that EPA erred in 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...

Otay Land Co. v. United Enters. Ltd.

The Ninth Circuit dismissed as unripe property owner's CERCLA and RCRA claims against the former owners for the costs of removing lead and other pollutants deposited on the land, which had been used as a shooting range. The owner's...

Citizens for Better Forestry v. Department of Agric.

The Ninth Circuit held that an environmental group is not entitled to attorneys fees in their action challenging a USDA regulation that the agency withdrew while the case was pending. The group alleged that the USDA violated NEPA, the...

Utah v. Department of the Interior

The Tenth Circuit affirmed a lower court decision dismissing environmental groups' claims challenging a proposed settlement agreement between Utah and the Bureau of Land Management (BLM) concerning the agency's inventory, classification...

Ouachita Watch League v. Jacobs

The court holds that a lower court improperly dismissed as unripe environmental groups’ claims that the U.S. Forest Service violated the National Environmental Policy Act (NEPA) when it amended certain forest plans in the southern...

Solow Bldg. Co. v. ATC Assocs.

A court dismisses a building owner's request for a declaratory judgment entitling it to indemnification for any damages or penalties it may be obligated to pay arising from asbestos violations that occurred during asbestos abatement...

Stearns Co., Ltd. v. United States

The Federal Circuit reversed a lower court decision that the Surface Mining Control and Reclamation Act (SMCRA) produced a physical taking of a company's mineral rights. In 1937, the company sold the surface rights of land in the Daniel...

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