August 2010: Challenges to GHG Endangerment Finding Held in Abeyance as EPA Weighs Petitions for Reconsideration Coalition for Responsible Regulation, Inc. v. U.S. Environmental Protection Agency 09-1322, order (D.C. Cir. June 16, 2010) |
July 2010: Circuit Denies Petition for Review of Revisions to National Ambient Air Quality Standards for Lead by EPA D.C. Coalition of Battery Recyclers Association v. U.S. Environmental Protection Agency, ___F.3d___ 09-1011 (D.C. Cir. May 14, 2010) |
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June 2010: D.C. Circuit Holds EPA’s Approval of Emission Limits on In-Use Non-Road Engines Within California Is Consistent with Clean Air Act Standards American Trucking Associations, Inc., v. U.S. Environmental Protection Agency, ___F.3d___ 09-1090 (D.C. Cir. April 2, 2010) |
June 2010: EPA Commits to Pollution Reduction Goals in Chesapeake Bay Case Settlement |
February 2010: D.C. Circuit Finds the Clean Air Act’s 60-Day Time Bar for Judicial Review of Regulations May Not Circumvented by Challenging EPA’s Denial of a Later Petition for Rulemaking American Road and Transportation Builders Association v. U.S. Environmental Protection Agency, ___F.3d___ 08-1381 (D.C. Cir. Dec. 11, 2009) |
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June 2009: D.C. Circuit Dismisses Petition Challenging EPA’s Definition of ‘Natural Event’ under the Clean Air Act As It Does Not Constitute a Final Agency Action Natural Resources Defense Council v. U.S. Environmental Protection Agency, ___F.3d___, 07-1151 (D.C. Cir. March 20, 2009) |
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May 2009: D.C. Circuit finds Delaware Lacked Standing to Oppose FERC Order that Did Not Authorize Project Absent State Approval Delaware Department of Natural Resources and Environmental Control v. Federal Energy Regulatory Commission, ___F.3d___ 07-1007 (D.C. Cir. March 13, 2009) |
May 2009: Federal Lawsuit Seeks to Push Interior to Delist Brown Pelican |
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April 2009: D.C. Circuit Holds EPA’s Decision to Promulgate Clean Air Act Tier 2 Standards In 2009 Rather Than in 2007 Was Not Unlawful South Coast Air Quality Management District v. U.S. Environmental Protection Agency, ___F.3d___ 08-1031, 08-1041 (D.C. Cir. Feb. 6, 2009) |
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February 2009: D.C. Circuit Reinstates the U.S. EPA Rule to Reduce Air Pollution State of North Carolina v. U.S. Environmental Protection Agency, ___F.3d___ 05-1244 (D.C. Cir. 2008) |
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December 2008: U.S. EPA Petitions the U.S. Supreme Court to Review D.C. Circuit’s Rejection of its Mercury Rule U.S. Environmental Protection Agency v. State of New Jersey 08-512, petition for cert. filed, Oct. 17, 2008 |
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October 2008: D.C. Circuit Finds EPA Rule Preventing State and Local Agencies from Supplementing Clean Air Act Monitoring Requirements Invalid Sierra Club, et al. v. U.S. Environmental Protection Agency, ___F.3d___ 04-1243 (D.C. Cir. Aug. 19, 2008) |
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August 2008: D.C. Circuit Denies Challenge to EPA’s Residual Risk Rulemaking and Technology Review under the Clean Air Act Natural Resources Defense Council v. U.S. Environmental Protection Agency, ___F.3d___, 2008 07-1053 (D.C. Cir. June 6, 2008) |
June 2008: D.C. Circuit Confirms Federal Energy Regulatory Commission Acted Reasonably under Clean Water Act/NEPA Regarding Discharge Pipe and Seawall Duncan’s Point Lot Owners Association Inc. v. Federal Energy Regulatory Commission, ___F.3d___ 05-1421, 06-1157, 06-1325, (D.C. Cir. April 15, 2008) |
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May 2008: On First Anniversary of Supreme Court’s Landmark Decision on Greenhouse Gas Regulation, the Same States and Environmental Groups Take EPA Back to Court Massachusetts v. U.S. Environmental Protection Agency 03-1361, writ filed April 2, 2008 (D.C. Cir.) |
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April 2008: D.C. Circuit Holds Corps’ Advance Notice of Proposed Rulemaking Seeking Public Input Defining ‘Waters of the United States’ Did Not Reopen Rule for Challenge P & V Enterprises v. U.S. Army Corps of Engineers, __ _F.3d___ 07-5060, (D.C. Cir. Feb. 19, 2008) |
April 2008: D.C. Circuit Finds Water Supply Act Requires Corps to Obtain Congressional Approval for Major Operational Changes—Invalidates Water Supply Agreement Southeastern Federal Power Customers, Inc. v. Geren, ___F.3d___ 06-5080 (D.C. Cir. Feb. 5, 2008) |
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April 2008: D.C. Circuit Invalidates Two Final EPA Rules Relating to Emissions of Air Pollutants from Electric Utility Steam Generating Units New Jersey v. U.S. Environmental Protection Agency, ___F.3d___ 05-1097, 05-1//104…. (D.C. Cir. Feb. 8, 2008) |
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March 2008: D.C. Circuit Holds Secretary of the Interior’s Interpretation of ‘Valid Existing Rights’ under Surface Mining Act is Reasonable and Entitled to Deference National Mining Association v. Kempthorne, ___F.3d___ 06-5199 (D.C. Cir. Jan. 15, 2008) |
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March 2008: D.C. Circuit Says NRDC Doesn’t Get a Second Bite at the Apple to Challenge EPA’s Critical Use Exemption NRDC v. U.S. Environmental Protection Agency, ___F.3d___ 07-1040 (D.C. Cir. Jan. 22, 2008) |
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March 2008: EPA’s Latest TMDL Guidance on Daily Loads May Limit the Impact of the ‘Daily’ Issue Stemming from Friends of the Earth v. EPA |
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March 2008: D.C. Circuit Invalidates Settlement Agreement in Tri-State Water Dispute; Alabama and Florida Declare Victory in Latest Battle Southeastern Federal Power Customers, Inc. v. Geren, ___F.3d___ 06-5081 & 5081 (D.C. Cir. Feb. 5, 2008) |
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February 2008: EPA’s ‘Hot Spot’ Rule for Particulate Matter Emissions, in Part, Remanded by D.C. Circuit Environmental Defense, Inc. v. U.S. Environmental Protection Agency, ___F.3d___ 06-1164 (D.C. Cir. Dec. 11, 2007) |
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January 2008: EPA’s Long-Term 2 Enhanced Surface Water Treatment Rule Upheld by D.C. Circuit City of Portland, Oregon v. U.S. Environmental Protection Agency, ___F.3d__ _ 06-1068 (D.C. Cir. Nov. 6, 2007) |
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May 2007: D.C. Circuit Finds EPA’s Final Rule Sets Emission Standards Higher than CAA and Precedent Requires Sierra Club v. U.S. Environmental Protection Agency 03-1202 (D.C. Cir. March 13, 2007) |
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April 2007: D.C. Circuit Declines to Second Guess Mine Safety and Health Administation’s Diesel Particulate Matter Rules Kennecott Greens Creek Mining Co. v. Mine Safety & Health Administration, ___F.3d___ 01-1046 (D.C. Cir. Feb. 9, 2007) |
February 2007: D.C. Circuit Rules that Migratory Bird Treaty Reform Act Limits Protection to Birds that Are Native To U.S. The Fund for Animals, Inc. v. Kempthorne, ___ F.3d ___ 05-CV-5352 (D.C. Cir. Dec. 15, 2006) |
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February 2007: D.C. Circuit Upholds State Discretion in Implementing Clean Air Act Haze Rule Utility Air Regulatory Group v. U.S. Environmental Protection Agency, ___F.3d___ 05-1353, 05-1354, 05-1357 (D.C. Cir. Dec. 12, 2006) |
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February 2007: D.C. Circuit Vacates and Remands EPA’s Eight-Hour Ozone National Ambient Air Quality Standards South Coast Air Quality Management District v. U.S. EPA, ___F.3d___ 04-1200, 04-1201 (D.C. Cir. Dec. 22, 2006) |
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December 2006: D.C. Circuit Rejects EPA’s ‘Interim Tests’ as Contradicting Existing Clean Air Act State Implementation Plans Environmental Defense v. U.S. Environmental Protection Agency, ___F.3d___ 04-1291, (D.C. Cir. Oct. 20, 2006) |
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December 2006: D.C. Circuit Finds Industry Groups Lack Standing to Challenge Department of Transportation Hazardous Materials Rule American Chemistry Council, et al. v. U.S. Department of Transportation, ___ F.3d___ 03-1456 & 05-1191 (D.C. Cir. Oct. 13, 2006) |
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December 2006: D.C. Circuit Lets Stand Order of the FCC, Finding Construction of Wireless Towers Constitutes an “Undertaking” Subject to National Historic Preservation Act CTIA—The Wireless Association v. Federal Communications Commission, ___F.3d___ 05-1008 (D.C. Cir. Sept. 26, 2006) |
November 2006: Did the D.C. Circuit Strike a Knockout Punch to the Hydroelectric Power Industry? City of Tacoma v. Federal Energy Regulatory Commission, ___F.3d___ 05-1054 (D.C. Cir. Aug. 22, 2006) |
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November 2006: EPA’s TMDL Guidance Following the D.C. and Second Circuit Split over the Meaning of ‘Daily’ |
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November 2006: D.C. Circuit Finds Standing by Environmental Group to Challenge EPA Rule but Holds that Rule Cannot Be Challenged as Violative of Side Agreement to Montreal Protocol Natural Resources Defense Council v. U.S.EPA, et al., ___F.3d___ (D.C. Cir. Aug. 29, 2006) |
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October 2006: D.C. Circuit Rejects Coke and Coal Industry Association’s Challenges to EPA’s Revised Clean Water Act Pretreatment Standards American Coke and Coal Chemicals Institute v. U.S. EPA 452 F.3d 930 (D.C. Cir. 2006) |
June 2006: District of Columbia Circuit Finds that under the Clean Water Act, the Word ‘Daily’ Actually Means Daily Friends of the Earth v. U.S. Environmental Protection Agency, ___F.3d___ 05-5015 (D.C. Cir., April 26, 2006) |
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May 2006: D.C. Circuit Vacates EPA’s Equipment Replacement Amendment to the Clean Air Act’s New Source Review Routine Maintenance, Repair and Replacement Exemption State of New York, et al. v. U.S. Environmental Protection Agency, ___F.3d___ 03-1380 (D.C. Cir. Mar. 17, 2006). (New York II) |
April 2006: Army Corps’ ‘Tulloch II’ Interpretation of Dredge and Fill Activities under the Clean Water Act’s Section 404 Is Ripe for Judicial Review as Purely Legal Issue National Association of Home Builders, et al. v. U.S. Army Corps of Engineers, ___F.3d___ 04-5222 (D.C. Cir. Feb. 3, 2006) |
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April 2006: aaa aaa aaa |
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March 2006: D.C. Circuit Finds Environmental Analysis under NEPA for Proposed Tribal Casino Sufficient TOMAC, Taxpayers of Michigan Against Casinos v. Norton 433 F.3d 852 (D.C. Cir. 2006) |
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March 2006: News From the West Brady v. Abbott Laboratories, 433 F.3d 679 (9th Cir. 2005); Goodrich v. United States, ___F.3d___ 05-5047 (D.C. Cir. 2006); City of Union Gap v. Washington State Dept. of Ecology, Wash. PCHB No. 05-078 (2006) |
February 2006: D.C. Circuit Court Denies Petition for Review Resulting in Partial Removal of Project Dam Save Our Sebasticook v. Federal Energy Regulatory Commission, ___F.3d.___ 04-1221, (D.C. Cir. Dec. 9, 2005) |
January 2006: Federal Circuit Court of Appeals Finds Corps’ Second Bite at Apple Not a ‘Taking’ Norman v. United States, ___F.3d___ 05-5039 (Fed. Cir. Nov. 18, 2005) |
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January 2006: Declarations Regarding Possible Fair Market Value Loss of Member’s Home Is Insufficient to Establish ‘Standing’ to Sue EPA under Alleged RCRA Violation GrassRoots Recycling Network, Inc. v. U.S. Environmental Protection Agency, ___F.3d___ 04-1196 (D.C. Cir. Nov. 18, 2005) |
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December 2005: EPA’s Final Rule Interpreting Clean Air Act’s Umbrella Air-Monitoring Rule Ruled Inconsistent with Prior EPA Proposal Environmental Integrity Project et al. v. Environmental Protection Agency 425 F.3d 992 (D.C. Cir. 2005) |
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September 2005: Corps of Engineers’ Issuance of Revised Nation Wide Permits Was ‘Final Agency Action’ Subject to Review under the Administrative Procedure Act National Ass’n of Home Builders, et al. v. U.S. Army Corps of Engineers, ___F.3d___ 04-5009 (D.C. Cir. July 29, 2005) |
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September 2005: D.C. Circuit Defers to EPA’s Declination to Regulate Greenhouse Gas Emissions Based on Scientific and Policy Grounds Commonwealth of Massachusetts, et al., v. U.S. Environmental Protection Agency, et al., ___F.3d___ 03-1361-1368 (D.C. Cir. July 15, 2005) |
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August 2005: Federal Official’s Failure to Follow Procedural Requirements under the Clean Air Act Resulted in an Erroneous Issuance of a Construction Permit National Parks Conservation Association, et al v. Craig Manson, ___F.3d___ 04-5327 (D.C. Cir. July 1, 2005) |
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August 2005: D.C. Circuit Vacates Parts of EPA’s 2002 Rule Regarding New Source Review Permit Requirements under the Clean Air Act New York v. U.S. Environmental Protection Agency, ___F.3d___ 02-1387 (D.C. Cir. June 24, 2005) |
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July 2005: U.S. Environmental Protection Agency Ordered to Delete Methyl Ethyl Ketone from the Toxics Release Inventory List American Chemistry Council v. Steven L. Johnson, ___F.3d___ 04-5189 (D.C. Cir. May 10, 2005) |
June 2005: Federal Circuit Court Affirms Dismissal of Inverse Condemnation Claim Arising from Pollution Adjacent to Military Base Moden v. United States, ___F.3d___ 04-5092 (D.C. Cir. April 15, 2005) |
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April 2005: D.C. Circuit Court Rejects Portion of Haze Rule as Inconsistent with the Clean Air Act Center for Energy and Economic Development v. U.S. Environmental Protection Agency, ___F.3d___ 03-1222 (D.C. Cir. Feb. 18, 2005) |
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March 2005: District of Columbia Circuit Rejects Environmental Tort Claims Regarding World War II Munitions Testing under Discretionary Function Exception Loughlin, et al. v. United States, et al., ___F.3d___ 03-5284 (D.C. Cir. Dec. 21, 2004) |
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March 2005: District of Columbia Circuit Rejects Challenge to Listing of Site on the National Priorities List Carus Chemical Company v. U.S. Environmental Protection Agency, ___F.3d.___ 03-1455 (D.C. Cir. Jan. 11, 2005) |
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February 2005: D.C. Circuit Finds EPA Used Proper Methods to Validate Tests for “Whole Effluent Toxicity”. Edison Electric Institute, et al. v. U.S. Environmental Protection Agency, et al.; American Petroleum Institute, Intervenor ___F.3d___, Case No. 96-1062 Consolidated with Nos. 96-1124, 03-1087, 03-1091, 03-1094 (D. D.C. Dec. 10, 2004). |
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October 2004: Federal Circuit Allows CERCLA Recovery from U.S. Military under War Contract Ford Motor Co. v. United States, ___ F.3d ___ 03-5092 (D.C. Cir. Aug. 10, 2004) |
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September 2004: D.C. Circuit Holds that EPA Need Not Consider Potential Remedy when Listing Site on the National Priorities List Honeywell International, Inc. v. U.S. Environmental Protection Agency 372 F.3d 441 (D.C. Cir. 2004) |
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August 2004: D.C. Circuit Orders EPA to Reconsider or Explain Standard for Hazardous Air Pollutant Emissions from PVC Production Mossville Environmental Action Now and Sierra Club v. U.S. EPA, ___ F.3d ___ 02-1282 (D.C. Cir. June 18, 2004) |
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August 2004: D.C. Circuit Lacks Jurisdiction to Review EPA Opinion Letter that Merely Restates Existing Law Independent Equipment Dealers Association v. U.S. EPA, ___F.3d___ 03-1020 (D.C. Cir. June 25, 2004) |
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August 2004: D.C. Circuit Orders EPA to Demonstrate Grounds for Leniency in Rule Establishing Snowmobile Emissions Standards Bluewater Network v. U.S. EPA, ___ F.3d ___ 03-1003, 03-1004, 03-1005, and 03-1249 (D.C. Cir. June 1, 2004) |
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July 2004: Federal Circuit Holds that Government Must Indemnify Contractor for CERCLA Liability Despite the Anti-Deficiency Act. E.I. Du Pont De Nemours v. United States, ___F.3d___ No. 03-5137 (D.C. Cir. April 28, 2004). |
June 2004: U.S. District Court Dismisses Lawsuit Challenging “TULLOCH II” Rule National Association of Home Builders, et al., v. U. S. Army Corps of Engineers, et al., ___F.Supp.2d___ 01-0274, Memorandum and Order issued (D. D.C. March 31, 2004). |
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May 2004: D.C. Circuit Rejects Petition to Review Environmental Protection Agency Letters as Final Agency Action General Motors Corp. v. U.S. EPA ___F.3d___, Case No. 02-1242 (D.C. Cir. April 2, 2004). |
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April 2004: D.C. Circuit Allows General Electric to Challenge EPA Action under CERCLA as Unconstitutional General Electric v. U.S. Environmental Protection Agency ___F.3d___, Case No. 03-5114 (D.C. Cir. March 2, 2004). |
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October 2003: D.C. Circuit Court of Appeals Rejects Challenge to Allegedly Overbroad Definition of Hazardous Waste American Chemistry Council v. Environmental Protection Agency ___F.3d___, Case No. 01-1216 (D.C. Cir. Aug. 8, 2003). |
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August 2003: D.C. Circuit Finds Pollution Exclusion Does Not Bar Coverage from Carbon Monoxide Fumes Leaking from Furnace Richardson v. Nationwide Mutual Insurance Company. ___F.3d___, Case No. 01-SP-1451 (D.C. Cir. June 12, 2003). |
August/September 2003: Federal Courts Accept Settlement Agreements in Delta Smelt Lawsuits |
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June 2003: D.C. Circuit Upholds Protection of Arroyo Southwestern Toad In the Face of a Commerce Clause Challenge Rancho Viejo, LLC v. Norton 323 F.3d 1062 (D.C. Cir. 2003). |
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June 2003: D.C. Circuit Upholds EPA Rulemaking Under Project XL, Finding the Challenge Unripe Atlantic States Legal Foundation v. Environmental Protection Agency ___F.3d___, Case Nos. 99-1409 and 99-1414 (D.C. Cir. April 11, 2003). |
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June 2003: D.C. Circuit Strikes Down EPA Emission Standards for Polymer and Resin Manufacturering Equipment Leaks Arteva Specialties SARL v. U.S. Environmental Protection Agency, 323 F.3d 1088 (D.C. Cir. April 8, 2003). |
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May 2003: D.C. Circuit Court Awards Fees to Catalysts in Clean Air Act Suit Sierra Club v. U.S. Environmental Protection Agency ___F.3d___, Case No. 001262, (D.C. Cir. March 18, 2003). |
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December 2002: D.C. Circuit Orders EPA to Promulgate Vehicle Emissions Test Regulations Ethyl Corporation v. U.S. Environmental Protection Agency ___F.3d___, Case Nos. 99-1255, 00-1515, 01-1464 (D.C. Cir. Oct. 22, 2002). |
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September 2002: U.S. Environmental Protection Agency Exceeds Its Authority in Approving Revisions to State Implementation Plans in Washington D.C. Area Sierra Club v. Environmental Protection Agency, et al. ___F.3d___, Case Nos.01-1070 &01-1158 (D.C.Cir.July 2,2002). |
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August 2002: Court of Appeals: Provisions in EPA's "Regional Haze Rule" Requiring Air Pollution Sources to Retrofit Plants with New Controls to Reduce Haze-forming Emissions Are Ruled Unlawful American Corn Growers Association v. EPA ___F.3d___, Case No.99-1348 (D.C.Cir.May 24,2002). |
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August 2002: D.C. Circuit Finds Environmental Groups Lack Standing to Challenge U.S. Environmental Protection Agency RCRA Rulemaking Sierra Club v. Environmental Protection Agency, ___F.3d___, Case No.01-1057 (D.C.Cir.June 18, 2002). |
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August 2002: D.C. Circuit Rejects Chem-Nuclear's Request for Reimbursement of CERCLA Remediation Costs Chem-Nuclear Systems, Inc. et al. v. Bush et al., ___F.3d___, Case No.01-5184 (D.C.Cir.June 11,2002). |
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July 2002: Court of Appeals: D.C. Circuit Vacates EPA's PCB Risk Assessment Review Guidance Document. General Electric Company v. Environmental Protection Agency ___F.3d___, Case No. 00-1394, (D.C. Cir. May 17, 2002). |
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July 2002: D.C. Circuit Upholds EPA Lead Rule Requiring Disclosure of Lead-based Paint, Dust and Soil without Regard to Source National Multi Housing Association v. Environmental Protection Agency ___F.3d___, Case No. 01-1159 (D.C. Cir. June 7, 2002) |
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May 2002: Circuit Court of Appeals: D.C. Circuit Court of Appeals Holds Particulate Matter and Ozone NAAQs neither Arbitrary nor Capricious |
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July 2001: Federal: D.C. Circuit Finds that Failure to Seek Comment on Scientific Study Received During Comment Period for Listing Decision Did Not Violate the Administrative Procedures Act Building Industry Assoc’n v. Gale Norton ___F.3d___,Case No.00-5143,(D. C. Cir. May 8, 2001) |
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July 2001: D.C. Circuit Upholds Ozone Transport Rule under Rule 126 of the Clean Air Act Appalachian Power Co. V. Environmental Protection Agency ___F.3d___, Case No.99-1200 (D. C. Cir. May 15, 2001) |
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April 2001: D.C. Circuit Rejects Amendments to the PCB Mega Rule as Improper under the Administrative Procedure Act Utility Solid Waste Activity Group v. EPA 236 F.3d 749, (D. C. Cir. Jan. 30, 2001) |
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February 2001: D.C. Circuit Rejects EPA Regulations Regarding Emissions from Portland Cement Manufacturers National Lime Association v. EPA ___F.3d___,No.991325A (D. C. Cir. Dec. 15, 2000) |
