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Arbitrary and Capricious › Administrative Procedure Act › Environmental Litigation

Mitchell, Williams, Selig, Gates & Woodyard,...

Startup/Shutdown/Malfunction/Clean Air Act: Federal Appellate Court Upholds Title V Affirmative Defense

Mitchell, Williams, Selig, Gates & Woodyard,... on

The United States Court of Appeals District of Columbia Circuit (“Court”) addressed in a September 5th Opinion the validity of the Clean Air Act Startup/Shutdown/Malfunction (“SSM”) affirmative defense. See SSM Litigation...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Southern Pinesnake/Endangered Species Act: Center for Biological Diversity Judicial Action Filed Challenging U.S. Fish and...

Mitchell, Williams, Selig, Gates & Woodyard,... on

The Center for Biological Diversity (“CBD”) filed in the United States District Court for the District of Columbia a Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Fish and Wildlife...more

Perkins Coie

Failure to Explain Selection of Project Alternative Violated NEPA and APA

Perkins Coie on

The Ninth Circuit held that the Bureau of Land Management (BLM) acted arbitrarily and capriciously by failing to explain in its Record of Decision why it selected a project alternative that did not meet the development...more

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