Archive for the ‘Administrative Procedures Act’ Category

The Man Who Bought An Island and Raised a Tortoise Army

Moyenne is a .034 square mile island in the Seychelles archipelago, off the north coast of Mahé, the chain’s largest island, in the Indian Ocean. Abandoned by native inhabitants in the early 1900′s, the island was left to its own devices until 1962, when a then-36-year-old Yorkshire resident by the name of Brendon Grimshaw purchased [...]

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Supreme Court Decision in Sackett v. EPA

Yesterday, 3/21/2012, the Supreme Court handed down a decision in Sackett v. EPA, No. 10-1062, concluding that “[...] the compliance order in this case is final agency action for which there is no adequate remedy other than APA review, and that the Clean Water Act does not preclude that review. We therefore reverse the judgment [...]

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EPA Sued Over Nutrient Pollution in the Mississippi River Basin and Northern Gulf of Mexico

Law Firm Faegre Baker Daniels sent out a Legal Update this week detailing two complaints filed simultaneously against the EPA over actions (and inactions) taken in regards to nitrogen and phosphorus runoff in the Mississippi River. One complaint (Gulf Restor’n Network v. Jackson, E.D. La., No. 2: 12-cv-00677), filed March 13 in the U.S. District [...]

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The Sackett Racket: Oral Arguments in the Supreme Court in Sackett v. EPA

UPDATE:  Supreme Court Renders Decision in Sackett v. EPA Our previous coverage of Sackett v. United States Environmental Protection Agency generated the most traffic of almost any other post on our blog. The people – including Chantell and Michael Sackett – want to know: “If EPA essentially seizes control of your property by labeling it as [...]

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D.C. Circuit to EPA: Guidance No Substitute for Cold, Hard Rulemaking

Seattle-based Marten Law walks us through the EPA’s recent headbutt with the Natural Resources Defense Council (NRDC), as the agency tried to defend its actions with regards to Section 185 of the Clean Air Act (CAA). The struggle ended July 1, 2011, when the D.C. Circuit Court of Appeals vacated a Section 185 guidance document [...]

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Making Molehills of Mountaintops

As Green Mien contributor Julia posted previously, following an EPA recommendation that Arch Coal’s mountaintop removal mining project permit be withdrawn, the coal-cuddling West Virginia Governor Joe Manchin threatened legal action against the agency. And action he has certainly taken. The lawsuit against the EPA was filed October 6, 2010, on behalf of the whole [...]

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