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agency discretion

Bristol Bay Economic Development Corp. v. Hladick

ELR Case

A district court dismissed a challenge to EPA's decision to withdraw proposed restrictions pursuant to CWA §404(c) for the proposed Pebble Mine in Southwest Alaska. Nonprofit groups argued the decision was arbitrary and capricious, in...

New York v. Environmental Protection Agency

ELR Case

The D.C. Circuit denied downwind states' petition challenging EPA's refusal to expand the Northeast Ozone Transport Region, which consists of states required by the Agency to enact tight restrictions on pollutants that contribute to...

Conservation Law Foundation v. Ross

ELR Case

A district court denied an environmental group's motion for summary judgment in a challenge to NMFS' approval of a fishery management plan amendment that opened up a portion of the western Gulf of Maine to commercial and recreational...

National Wildlife Federation v. Secretary of the Department of Transportation

ELR Case

A district court granted in part and denied in part an environmental group's motion for summary judgment in a challenge to the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) approval of two spill response plans for...

Physicians for Social Responsibility v. Wheeler

ELR Case

A district court granted EPA's motion to dismiss a challenge by scientific advocacy groups to the Agency's directive barring recipients of EPA grants from serving on any of the Agency's advisory committees. The groups argued that the...

Weyerhaeuser Co. v. United States Fish and Wildlife Service

ELR Case

The U.S. Supreme Court vacated a Fifth Circuit decision upholding FWS' critical habitat designation for the dusky gopher frog. Before the appellate court, the landowners whose property was designated argued that their property did not...

Environmental Integrity Project v. McCarthy

ELR Case

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...

People for the Ethical Treatment of Animals, Inc. v. United States Department of Agriculture

ELR Case

A district court dismissed an animal rights group's lawsuit seeking to compel USDA to enforce the general Animal Welfare Act (AWA) regulations with respect to the mistreatment of birds and to promulgate new AWA regulations that are...