Jump to Navigation
Jump to Content

APA

Pouring New Wine Into Old Wineskins? Promulgating Regulations in the Era of Social Media

ELR Article

In Visual Rulemaking, Prof. Elizabeth G. Porter and Prof. Kathryn A. Watts challenge agencies to break free of dense text and to explore a new universe of “visual rulemaking.” Citing colorful examples from the past few years,...

Sierra Club v. EPA

ELR Case

The D.C. Circuit held that EPA did not violate the CAA by modifying, without notice and comment, its prior understandings of how to measure a proposed transportation project’s impact on ambient levels of particulate matter. In 2006, EPA...

Sierra Club v. Zinke

ELR Case

A district court held that BLM violated the APA when it postponed compliance with Obama-era greenhouse gas emission rules. Several states and tribal citizen groups brought suit against BLM when it published a notice in the Federal...

American Wild Horse Preservation Campaign v. USDA

ELR Case

The D.C. Circuit held that the USDA's decision to alter territorial lines of the Devil's Garden Wild Horse Territory section of the Modoc National Forest was in violation of NEPA. Since 1975, the United States Forest Service has...

Wyoming v. DOI

ELR Case

The Tenth Circuit dismissed a challenge to a DOI rule governing hydraulic fracturing on federal and tribal lands, overturning a lower court ruling. In 2015, BLM finalized a fracking regulation that imposed new well construction, testing...

Judicial Review Endangered: Decisions Not to Exclude Areas From Critical Habitat Should Be Reviewable Under the APA

ELR Article

Under the ESA, areas that otherwise qualify as critical habitat “may” be excluded from a designation if the government determines that the benefits of exclusion would outweigh the benefits of inclusion, and if the exclusion would not...

Center for Regulatory Reasonableness v. EPA

ELR Case

The D.C. Circuit held that it lacks jurisdiction to hear a challenge to EPA's 2011 stormwater policy letters with respect to publicly owned water treatment facilities. In an...

Mingo Logan v. Environmental Protection Agency

ELR Case

The D.C. Circuit upheld EPA's decision to invoke its veto authority under CWA §404(c) and withdraw two disposal sites from a CWA permit issued by the U.S. Army Corps of Engineers for a mountaintop coal mining project in West Virginia....

Sackett v. Environmental Protection Agency

ELR Case

The U.S. Supreme Court held that property owners may bring a civil action under the APA to challenge EPA's issuance of a CWA §309 compliance order that directs them to restore their property immediately pursuant to an EPA work plan. The...

Amigos Bravos v. United States Bureau of Land Management

ELR Case

A district court held that environmental groups lack standing to challenge BLM's approval of two quarterly oil and gas lease sales under the APA, NEPA, FLPMA, and the Mineral Leasing Act. The groups claimed that BLM failed to...