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Judicial review, §§701-706

WildEarth Guardians v. Chao

A district court denied summary judgment to an environmental group in a lawsuit concerning the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) obligations under the Mineral Leasing Act (MLA) to inspect all pipelines...

Kisor v. Wilkie

The U.S. Supreme Court upheld the Auer doctrine, deferring to the Department of Veterans Affairs' interpretation of an ambiguous regulation in a lawsuit concerning disability benefits. A veteran challenged the lower court's application...

Animal Legal Defense Fund v. United States Department of Agriculture

The Ninth Circuit, in an unpublished opinion, reversed and remanded a lower court decision dismissing an animal rights group's lawsuit concerning foie gras produced from the livers of force-fed poultry. The group had petitioned USDA's...

Environmental Integrity Project v. McCarthy

A district court upheld EPA's decision to withdraw a proposed rule that would have required concentrated animal feeding operations (CAFOs) to provide information to the Agency to help facilitate EPA's ability to regulate their discharge...

Ohio Valley Environmental Coalition v. McCarthy

A district court dismissed environmental groups' CWA citizen suit against EPA for failing to respond in writing to their administrative petition seeking withdrawal of West Virginia's NPDES permit program, but held that the groups may go...

Firebaugh Canal Water District v. United States

The Ninth Circuit affirmed a lower court's grant of summary judgment in favor of DOI in water districts' lawsuit challenging the agency's management of California's Central Valley Project. The water districts argued that DOI should be...

Sierra Club v. Jackson

A district court denied EPA's motion to dismiss an environmental group's lawsuit challenging the Agency's administrative stay of two rules setting forth hazardous air emission standards for boilers and commercial and industrial solid...

Judical Review Under the APA of Agency Inaction in Contravention of a Statutory Mandate: <i>Norton v. Southern Utah Wilderness Alliance</i>

Norton v. Southern Utah Wilderness Alliance, presently before the U.S. Supreme Court on appeal from the U.S. Court of Appeals for the Tenth Circuit, raises a fundamental issue of administrative law: whether the federal courts have...

EPA v. General Elec. Co.

The court holds that although a subpoena duces tecum issued by a manufacturer against the U.S. Environmental Protection Agency (EPA) to produce certain discovery documents in a lawsuit in which it was not a party is barred by...

Friends of the Kalmiopsis v. U.S. Forest Serv.

The court affirms a district court dismissal of an environmental group's claim that the U.S. Forest Service violated regulations governing off-road vehicle (ORV) use in the Siskiyou National Forest in Oregon. The court first holds that...