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notice-and-comment

Natural Resources Defense Council v. Wheeler

ELR Case

The D.C. Circuit vacated a 2018 EPA rule that instituted a complete vacatur of its 2015 rule blocking the use of hydrofluorocarbons as replacements for ozone-depleting substances. An environmental group argued the 2018 rule was invalid...

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....

Puget Soundkeeper Alliance v. Wheeler

ELR Case

A district court vacated nationwide the Applicability Date Rule, which suspended the effect of the Clean Water Rule until February 2020 and required agencies in the interim to apply the pre-Clean Water Rule definition of "waters of 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...