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In two previous Client Alerts, we have reported the vacation of the Clean Air Interstate Rule ("CAIR") by the Circuit Court for the District of Columbia in North Carolina v EPA, 531 F3d 896 (2008) (North Carolina I) and CAIR's subsequent, temporary resuscitation by the Circuit Court, North Carolina v EPA, 550 F3d 1176 (2008) (North Carolina II), pending the drafting of a replacement rule by EPA
The D.C. Circuit Court of Appeals has upheld a Surface Transportation Board decision that a merger between the Canadian Pacific Railway Corp. and Dakota Minnesota & Eastern Railroad Corp. (DM&E) may proceed despite the lack of an environmental impact study (EIS) under NEPA
The D.C. Circuit Court of Appeals has ruled that the Surface Transportation Board (STB), which is part of the U.S. Department of Transportation, has the authority to require an environmental impact statement (EIS) under NEPA when it considers whether to approve a railroad company merger
