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American Road & Transp. Builders Ass'n. v. EPA
From: FindLaw Opinion Summaries - Environmental
(U.S. D.C. Cir., Administrative Law, Civil Procedure, Constitutional Law, Environmental Law) In a petition for review of certain EPA Clean Air Act regulations, the petition is dismissed where National Mining Ass'n. v. U.S. Dept. of Interior, 70 F.3d 1345 (D.C. Cir. 1995), required the court to treat petitioner's petition to the EPA as a challenge to the regulations it sought revised, and judicial review of such a challenge was time-barred under Clean Air Act section 307(b)(1).

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Commuter Rail Div. v. Surface Transp. Bd.
(U.S. D.C. Cir., Administrative Law, Civil Procedure, Construction, Corporation & Enterprise Law, Environmental Law, M&A, Transportation) In a petition for review of the Surface Transportation Board's approval of the acquisition of certain railroads by another railroad, the petition is denied where: 1) one petitioner lacked standing because, if the board's decision were overturned, the construction authorization would not be affected and no new environmental impact statement would be required for the area; and 2) the board did not abuse its discretion in approving the transaction.

More | FindLaw Opinion Summaries - Environmental
Commuter Rail Div. v. Surface Transp. Bd.
(U.S. D.C. Cir., Administrative Law, Civil Procedure, Construction, Corporation & Enterprise Law, Environmental Law, M&A, Transportation) In a petition for review of the Surface Transportation Board's approval of the acquisition of certain railroads by another railroad, the petition is denied where: 1) one petitioner lacked standing because, if the board's decision were overturned, the construction authorization would not be affected and no new environmental impact statement would be required for the area; and 2) the board did not abuse its discretion in approving the transaction.

More | FindLaw Opinion Summaries - Environmental
California Trout v. FERC
(U.S. 9th Cir., Administrative Law, Civil Procedure, Environmental Law) In a petition for review of the Federal Energy Regulatory Commission's denial of petitioner's motion to intervene in a license renewal proceeding, the petition is denied where 16 U.S.C. section 825g(a) allows the agency to differentiate among untimely interveners and permits the Commission to summarily reject a prospective intervener who cannot demonstrate "good cause" for its untimely motion.

More | FindLaw Opinion Summaries - Environmental
Hydro Resources, Inc. v. EPA
(U.S. 10th Cir., Administrative Law, Environmental Law, Indian Law, Property Law & Real Estate) In a petition for review of the EPA's "final land status determination" expressing its judgment that petitioner's land qualified as "Indian land," the petition is granted where the EPA's interpretation cannot be reconciled with the Supreme Court's explanation of 18 U.S.C. section 1151(b)'s plain meaning.

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More | FindLaw Opinion Summaries - Environmental
Hydro Resources, Inc. v. EPA
(U.S. 10th Cir., Administrative Law, Environmental Law, Indian Law, Property Law & Real Estate) In a petition for review of the EPA's "final land status determination" expressing its judgment that petitioner's land qualified as "Indian land," the petition is granted where the EPA's interpretation cannot be reconciled with the Supreme Court's explanation of 18 U.S.C. section 1151(b)'s plain meaning.

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More | FindLaw Opinion Summaries - Environmental
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