From: FindLaw Opinion Summaries - Environmental
(U.S. 2d Cir., Administrative Law, Environmental Law) In a petition
for review of the Nuclear Regulatory Commission's denial of
rulemaking petitions filed by Massachusetts and California, the
petition is denied where the Commission gave due consideration to
the relevant studies, and thus the court was required to defer to
their expertise in determining the proper risk level associated
with the storage of nuclear material in spent fuel pools.



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Public Citizen v. Nuclear Reg. Comm.
(U.S. 9th Cir., Administrative Law, Environmental Law) In a
petition for review of the Nuclear Regulatory Commission's refusal
to include the threat of air attacks in its final revised Design
Basis Threat rule, the petition is denied where the Commission was
not departing from an established standard but is merely
elaborating on the interpretation of its own regulation, and its
elaboration was not arbitrary or capricious.



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.



American Road & Transp. Builders Ass'n. v. EPA
(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).



In re Howard
(U.S. 6th Cir., Administrative Law, Environmental Law, Health Law,
Labor & Employment Law) In a petition for a writ of mandamus
directing the Secretary of Labor to promulgate lower limits for the
amount of dust and silica in the air in mines, the petition is
dismissed where Petitioner failed to exhaust his administrative
remedies under the Mine Act.




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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