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notice and comment

Texas v. United States Environmental Protection Agency

ELR Case

A district court granted states' and industry groups' motion for summary judgment in a challenge to EPA's and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. The states and groups argued that the final rulemaking violated the...

Delaware Department of Natural Resources v. Environmental Protection Agency

ELR Case

The D.C. Circuit reversed and vacated a portion of a January 2013 rule in which EPA revised the NESHAPs and new source performance standards for backup generators. Specifically, the court held that EPA acted arbitrarily and capriciously...

Perez v. Mortgage Bankers Ass'n

ELR Case

The U.S. Supreme Court held that federal agencies need not follow the APA's formal notice-and-comment procedures when they wish to change an interpretive rule. In Paralyzed Veterans of America v. D. C. Arena L.P., 117 F. 3d 579...

Sierra Club v. McCarthy

ELR Case

A district court held that EPA failed to set emissions standards for hazardous air pollutants under CAA §112(c)(6) in violation of prior court orders. In 2006 and 2011, the court ordered EPA to take action by a date certain to ensure...

Sierra Club v. Environmental Protection Agency

ELR Case

The D.C. Circuit held that EPA's determination that it completed sufficient standards to meet CAA §112(c)(6)'s 90% requirement for hazardous air pollutants is a legislative rulemaking subject to APA notice-and-comment requirements. EPA'...

Sequoia Forestkeeper v. Tidwell

ELR Case

A district court invalidated two U.S. Forest Service regulations exempting from public notice, comment, and administrative appeal requirements land and resource management plan decisions that are categorically excluded from NEPA review...

Lake Carriers' Ass'n v. Environmental Protection Agency

ELR Case

The D.C. Circuit denied trade associations' petition for review of a nationwide permit issued by EPA for the discharge of pollutants incidental to the normal operation of vessels. The associations, which represent commercial ship...

Friends of Blackwater v. Salazar

ELR Case

A district court vacated the FWS' removal of the Virginia Northern Flying Squirrel from the list of endangered species. Instead of applying the criteria set forth in the squirrel's recovery plan when it issued the delisting rule, the...

Ensco Offshore Co. v. Salazar

ELR Case

A district court vacated new safety requirements the DOI issued for oil and gas operators in the outer continental shelf. The requirements, issued in a notice to lessees, range from submitting certifications to performing additional...