LexisNexis® Legal Newsroom
NRDC challenge to EPA approval of California CAA SIP fails

California submitted a Clean Air Act State Implementation Plan to the EPA for approval. Pursuant to the "conformity rule" under 40 C.F.R. Section 93.118, the EPA conducted a review to determine whether the SIP's motor vehicle emissions budgets were adequate for transportation conformity...

Use of Endangered Species Act to prevent mining operation requires input early in the NOI review process

The Endangered Species Act ("ESA") is becoming a popular tool used by public interest groups to stop projects that they view as adverse to environmental quality. However, a recent attempt to use the ESA against a mining project failed when the procedural posture was deemed an inaction for purposes...