The Ninth Circuit affirmed summary judgment for the National Park Service (NPS) in a challenge to the Service's authority to prohibit commercial herring fishing in the Golden Gate National Recreation Area (GGNRA). A fishing group argued that NPS lacked authority under the GGNRA Act to enforce the co...

The Tenth Circuit reversed a district court's denial of a motion to dismiss a CWA citizen suit concerning the release of contaminated water from an inactive gold mine in Colorado. Nearby farmers filed suit in a New Mexico district court, alleging several state-law claims. A hazardous waste managemen...

In an en banc decision, the First Circuit affirmed in part and reversed in part summary judgment for an environmental group in a CWA citizen suit against developers of a construction site in Massachusetts. The group argued the developers violated the CWA by failing to comply with the construction ge...

The Tenth Circuit affirmed dismissal of ranching groups' challenge to FWS' designation of critical habitat for the endangered New Mexico meadow jumping mouse. The groups argued FWS' methodology for analyzing economic impacts of the designation violated the ESA and court precedent, that the Service f...

The Ninth Circuit affirmed a district court's denial of summary judgment for environmental groups in a challenge to the Forest Service's allowance of livestock grazing in the Stanislaus National Forest. The groups argued the grazing led to fecal matter runoff that polluted streams in the area, impai...

A district court granted in part and denied in part conservation groups' motion for summary judgment in a challenge to NMFS' 2019 decision not to list the alewife and blueback herring as threatened under the ESA. The groups argued that NMFS failed to adequately account for climate change-related har...

The U.S. Supreme Court, 5-4, granted states' and industry groups' application for an emergency stay of a district court ruling that had vacated the 2020 Clean Water Act 401 Certification Rule. In a dissenting opinion, Justice Kagan asserted the states and groups had failed to show they would suffer ...

A district court dismissed as moot a challenge to EPA's and the Army Corps of Engineers' 2015 Clean Water Rule interpreting the phrase "waters of the United States." Ohio and Tennessee argued the 2015 rule improperly expanded the definition of "waters of the United States," giving the agencies the p...

The Ninth Circuit affirmed summary judgment for FWS in a challenge to its barred owl removal experiment, which was designed to protect the threatened northern spotted owl. Environmental groups argued FWS violated the ESA by issuing a permit that failed to provide a "net conservation benefit," and NE...

A district court denied summary judgment for a class of Gulf of Mexico for-hire charter boat owners and operators in a challenge to NMFS' 2020 rule requiring them to submit electronic fishing reports and use GPS tracking systems for all fishing trips. Plaintiffs argued NMFS violated the APA's notice...