United States v. Charles A. DiDonato
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A district court denied public interest groups' motion for partial summary judgment in challenging an executive order that requires federal agencies to repeal two existing rules for each new rule promulgated. The groups argued they had associational standing based on injuries that two of their membe...
The Ninth Circuit reversed a district court order denying the U.S. Chemical Safety and Hazard Board's petition to enforce subpoenas issued against an oil company following an explosion and chemical release at one of its refineries. The district court found that 29 of the subpoenas were enforceable, ...
A district court denied a neighborhood group's request to temporarily block bison hunting near Yellowstone National Park. The group argued that NPS and USDA violated NEPA when they authorized an annual bison hunt at a location on the edge of the park called Beattie Gulch, and sought a temporary rest...
A district court dismissed a lawsuit brought by a Hawaiian resident alleging that an early start to a county construction project harmed two endangered species—the Hawaiian hawk and Hawaiian hoary bat—in violation of the ESA. The resident argued that the county violated its EIS by allowing const...
The Fifth Circuit dismissed environmental groups' challenge to EPA's issuance of a CWA general permit authorizing discharges from oil and gas facilities operating in the Gulf of Mexico. Environmental groups argued that EPA violated NEPA by failing to prepare an adequate EIS before issuing the permit...
The D.C. Circuit upheld EPA's decision not to issue financial responsibility requirements for the hard-rock mining industry. Environmental groups argued the decision violated CERCLA by wrongly interpreting the term "risk" in the operative provisions as limited to the risk of taxpayer-funded response...
The D.C. Circuit upheld an EPA rule that classified as "recycled" certain hazardous material sent to a third-party reclamation facility and thus exempted the material from RCRA regulations governing discarded waste. Environmental groups argued the rule violated RCRA because material that a generator...
A federal district court granted the city of Baltimore's motion to remand to state court its climate change case against oil companies. The city alleged it sustained climate change-related injuries from greenhouse gas pollution to which the companies had substantially contributed. The companies argu...
The Ninth Circuit reversed a district court's dismissal of a challenge to the use of lead ammunition in Kaibab National Forest. Environmental groups sought to require the U.S. Forest Service to address the use of lead ammunition by hunters in the national forest, alleging the the Service's failure t...