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Title: American Chemistry Council v. Sierra Club
Docket: 09-495
Issue: Whether a petitioner may challenge a Clean Air Act regulation after the Act’s sixty-day time period for judicial review has expired, on the ground that the regulatory context of the regulation has changed sufficiently to alter the stakes for judicial review, without first filing a petition with the Environmental Protection Agency to rescind or alter the regulation.

Title: Hammer v. Ashcroft
Docket: 09-504
Issues: (1) Whether a permanent ban on face-to-face press interviews with male-death-row inmates, a sub-class of federal prisoners, violates the First Amendment; and (2) whether, to justify such a ban, a “legitimate penological interest” may be established as a matter of law either through post-hoc litigation declarations referring to “security concerns” or, alternatively, by a court’s ability to hypothesize such concerns.

Title: Perkins v. Department of Veterans Affairs
Docket: 09-513
Issue: Whether “actual damages” under the Privacy Act, 5 U.S.C. § 552a, are restricted to pecuniary losses only.