guidance
Sierra Club v. EPA
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...
Anderson v. McCarthy
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...
National Mining Association v. Jackson
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...
Western Energy Alliance v. Salazar
A district court vacated two internal DOI guidance documents that address and limit the use of §390 of the Energy Policy Act of 2005, which establishes a "rebuttable presumption" that a categorical exclusion from review under NEPA would...
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