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Coastal Zone Mgmt. Act: Fifth Circuit affirms dismissal of challenge to wind farm

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 2 2010

The Fifth Circuit Court of Appeals has upheld a district court decision allowing the construction of a coastal wind farm to proceed without an environmental consistency review or public comment

Jurisdiction: Tenth Circuit reverses EPA designation of New Mexico mine as Indian country

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 25 2010

The Tenth Circuit Court of Appeals has ruled en banc that EPA erred when it designated a New Mexico mine as "Indian country," wrongly subjecting it to federal rather than state law

Air: Ohio utility to settle alleged NSR violations

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 28 2010

An Ohio non-profit utility has agreed to settle alleged Clean Air Act New Source Review (NSR) violations by paying a civil penalty of $850,000 and spending $15 million on an environmental mitigation project

Air: citizen suit against South Dakota power plant filed too late

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 20 2010

The Eighth Circuit Court of Appeals has dismissed a Clean Air Act (CAA) citizen suit filed in June 2008 seeking civil penalties against a South Dakota power plant for allegedly failing to obtain necessary permits and for violating emissions standards

Fifth Circuit upholds EPA’s Phase III cooling water intake rule

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 6 2010

The Fifth Circuit Court of Appeals has upheld EPA's Phase III cooling water intake rule which regulates existing small power plants and other existing facilities in industries such as pulp and paper, chemicals, petroleum and coal products, and primary metals

Tenth Circuit reverses Rocky Flats class action over jury instructions

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 17 2010

The Tenth Circuit Court of Appeals has vacated a $926 million judgment against former operators of the Rocky Flats Nuclear Weapons Plant near Denver, Colorado, because the trial court gave the jury improper instructions

NEPA: Ninth Circuit rules BLM failed to take hard look at cumulative impacts of mine-exploration expansion on tribal lands

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 2 2010

The Ninth Circuit Court of Appeals has ordered a district court to reconsider whether the cumulative impact of a proposed expansion to a mine exploration project in Nevada requires a new environmental impact statement (EIS) under NEPA

Wetlands: Ninth Circuit upholds Section 404 permits for business park

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 18 2010

The Ninth Circuit Court of Appeals has upheld two dredge-and-fill permits issued to the city of Redding, California, by the U.S. Army Corps of Engineers (Corps) and the U.S. Fish and Wildlife Service (FWS), clearing the way for the construction of a 678-acre business park

Administrative Procedure ActRCRA: Tenth Circuit rules EPA may revise tentative interpretation of regulation without rulemaking

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 27 2010

The Tenth Circuit Court of Appeals has determined that EPA can revise a tentative interpretation governing the handling of magnesium waste without conducting a formal rulemaking

NEPA: Tenth Circuit rules BLM did not violate NEPA in rejecting phased drilling plan

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 2 2010

The Tenth Circuit Court of Appeals has affirmed a district court determination that the Bureau of Land Management (BLM) did not abuse its discretion when it declined to study a phased-development drilling plan proposed by environmentalists