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Standard of review

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...

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...

Natural Resources Defense Council v. Peña

The court denies environmental groups' motion for a preliminary injunction to enjoin new U.S. Department of Energy (DOE) nuclear weapon Stockpile Stewardship and Management (SSM) facilities, as well as activities or major upgrades to...

Amerada Hess Pipeline Corp. v. Federal Energy Regulatory Comm'n

The court upholds the Federal Energy Regulatory Commission's (FERC's) determination that litigation and settlement costs incurred by oil pipeline carriers in connection with the Exxon Valdez oil spill are "extraordinary...

Kettle Range Conservation Group v. U.S. Forest Serv.

The court holds that the U.S. Forest Service did not violate the National Environmental Policy Act (NEPA) by classifying certain units of a proposed timber sale as roaded. Because the Forest Service considers the challenged units as...

New Mexico v. EPA

The court holds that the U.S. Environmental Protection Agency's (EPA's) guidelines for carrying out the certification of Waste Isolation Pilot Plant's (WIPP's) compliance with radioactive waste disposal regulations are specific enough...

National Audubon Soc'y v. U.S. Forest Serv.

The court reverses a district court's decision denying a U.S. Forest Service motion for summary judgment that it did not violate the National Environmental Policy Act (NEPA) by failing to prepare an environmental impact statement (EIS)...

Natural Resources Defense Council v. Defense Nuclear Facilities Safety Bd.

The court holds that a regulation of the Defense Nuclear Facilities Safety Board (Board) providing that the Board may close meetings, or portions of meetings, involving deliberations on its recommendations relating to the public health...

Los Ranchos de Albuquerque, Village of v. Marsh

The court holds en banc that the arbitrary and capricious standard of review applies to agency decisions not to prepare an environmental impact statement (EIS) under the National Environmental Policy Act. The court overrules its prior...