Monday, October 23, 2006


U.S. 6th Circuit Court of Appeals

KY Res. Council, Inc. v. Envt'l Prot. Agency (10/20/06 - No. 05-4349)
The EPA's final rulemaking action approving revisions to Kentucky's State Implementation Plan (SIP) involving air quality standards, under which the state was allowed to move its vehicle inspection and maintenance program for certain counties from the active or “regulatory” portion of its SIP under the Clean Air Act to the contingency measures portion of the Kentucky SIP, is affirmed as the EPA’s action was entitled to deference.

U.S. 9th Circuit Court of Appeals

Ctr. for Biological Diversity v. Kempthorne (10/18/06 - No. 04-16563)
Summary judgment in favor of defendants, agency officials, in a suit under the Endangered Species Act (ESA) is reversed where defendants' challenged decision, regarding listing the Sierra Nevada Mountain Yellow-Legged Frog as an endangered species, standing alone, failed to make the determinations required by 16 U.S.C. section 1533(b)(3)(B) for a “warranted but precluded” finding.

U.S. District of Columbia Circuit Court of Appeals

Env. Def. Fund v. Env. Protection Agency (10/20/06 - No. 04-1291a)
Petition for review brought by environmental groups challenging three sets of regulations promulgated by the Environmental Protection Agency (EPA) governing how states are to bring their transportation plans into conformity with the requirements of the Clean Air Act is: 1) denied for one set of regulations where the court does not have jurisdiction since the period for review has passed; 2) granted for one set where it is inconsistent with the Act’s requirement that activities that emit pollutants comply with an approved transportation implementation plan; and 3) denied for the final set where the Act does not require that activities involving transportation actually reduce pollutants, but merely that they not frustrate an implementation plan’s purpose to reduce overall emissions.

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