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final agency action

Valero Energy Corp. v. Environmental Protection Agency

ELR Case

The D.C. Circuit dismissed a petroleum refiner's petition to review an EPA document interpreting a portion of the Energy Independence and Security Act that directs the Agency to perform periodic reviews of renewable fuel thresholds for...

Anderson v. McCarthy

ELR Case

A district court, on motions for summary judgment, dismissed a lawsuit against EPA filed by a group of beekeepers, farmers, and organizations concerned about the effect of pesticide-treated seeds on bees and other pollinators. The...

United States Army Corps of Engineers v. Hawkes Co.

ELR Case

The U.S. Supreme Court held that a U.S. Army Corps of Engineers jurisdictional determination (JD) is a final agency action subject to judicial review under the APA. The case arose in connection with the permitting process for a peat...

Reese River Basin Citizens Against Fracking, LLC v. Bureau of Land Management

ELR Case

A district court denied an environmental group's motion to preliminarily enjoin BLM from issuing oil and gas leases in central and southwest Nevada due to allegedly defective environmental analyses. Although BLM has conducted a lease...

Belle Co. v. United States Army Corps of Engineers

ELR Case

The Fifth Circuit upheld a lower court's dismissal of a lawsuit challenging the U.S. Army Corps of Engineers' jurisdictional determination (JD) that a proposed landfill site contains wetlands subject to regulation under the CWA. The...

Luminant Generation Co. v. United States Environmental Protection Agency

ELR Case

The Fifth Circuit held that notices of violations EPA sent to two power plant operators for alleged CAA violations were not "final agency action" and, hence, not subject to judicial review. In the notices, EPA claimed that the operators...

Hawkes Co. v. United States Army Corps of Engineers

ELR Case

A district court dismissed a landowner's lawsuit challenging the U.S. Army Corps of Engineers' jurisdictional determination for property that contains peat. The Corps issued its jurisdictional determination after the landowner sought...

National Mining Association v. Jackson

ELR Case

A district court held that EPA overstepped its statutory authority under the CWA and SMCRA when it issued guidance on Appalachian surface coal mining permits. EPA argued that the guidance was not final agency action and, thus, not...

Dow AgroSciences LLC v. National Marine Fisheries Service

ELR Case

The Fourth Circuit held that a biological opinion issued by the National Marine Fisheries Service as part of EPA's process of reregistering the insecticides chlorpyrifos, diazinon, and malathion is subject to judicial review...

Ocean County Landfill Corp. v. United States Environmental Protection Agency

ELR Case

The Third Circuit dismissed a petition for review of an EPA letter opining that facilities operated by a landfill and a neighboring energy company were under common control for purposes of air emissions permitting. The landfill...