Jump to Navigation
Jump to Content

final agency action

Sierra Club v. Environmental Protection Agency

ELR Case

The D.C. Circuit dismissed a petition to review EPA's Guidance on Significant Impact Levels (SILs) for Ozone and Fine Particles in the Prevention of Significant Deterioration Permitting Program, which sets numerical SILs that can be...

Western Watersheds Project v. Zinke

ELR Case

A district court set aside BLM's 2018 instruction memorandum that supplied changed instructions to the agency's offices about how to handle oil and gas lease sales on federal lands within greater sage-grouse management area boundaries....

Menominee Indian Tribe of Wisconsin v. Environmental Protection Agency

ELR Case

The Seventh Circuit affirmed dismissal of a challenge to the Michigan Department of Environmental Quality's approval of a CWA §404 permit for a proposed mine along the Menominee River. A Native American tribe argued that EPA and the...

San Francisco Herring Ass'n v. U.S. Department of the Interior

ELR Case

The Ninth Circuit reversed a district court's denial of leave to file an amended complaint in a challenge to NPS' authority to prohibit commercial herring fishing in the waters of the Golden Gate National Recreation Area in San...

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...