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Center for Biological Diversity v. U.S. Fish and Wildlife Service

A district court denied a water district's motion to intervene in an ESA lawsuit seeking protections for longfin smelt. The water district argued it had standing to intervene because its alleged injury—a reduction in water allocation—was economic, its injury was traceable to plaintiff's claims s...

The Parish of Plaquemines v. Chevron USA, Inc.

The Fifth Circuit affirmed in part and reversed in part district court rulings in a collection of lawsuits concerning oil companies' decades of drilling activities along the Louisiana coast. Six Louisiana parishes filed suit in state court, arguing the companies violated the Louisiana State and Loca...

Indigenous Environmental Network v. Trump

A district court denied a pipeline company's motion to dismiss a challenge to President Trump's issuance of a permit for construction of a cross-border segment of the Keystone XL oil pipeline. Environmental groups had argued the president's issuance of the permit violated the Property Clause, the Co...

Yaw v. The Delaware River Basin Commission

A district court dismissed two Pennsylvania state senators' challenge to the Delaware River Basin Commission's imposition of a moratorium on gas drilling and hydraulic fracturing in the Delaware Basin. The senators argued, among other things, that the moratorium exceeded the Commission's authority. ...

Indigenous Environmental Network v. President Donald J. Trump

A district court overrode the Biden Administration's objections to a lawsuit challenging President Trump's issuance of a presidential permit in 2019 for construction of a cross-border segment of the Keystone XL pipeline. Environmental groups argued the former president violated the Property Clause, ...

Guam v. United States

The U.S. Supreme Court unanimously held that a settlement of environmental liabilities must resolve a CERCLA-specific liability to give rise to a contribution action under §113(f)(3)(B), in a lawsuit concerning a landfill in Guam formerly owned by the U.S. Navy. After entering into a consent decree...

Kentucky Waterways Alliance v. Kentucky Utilities Co.

A district court granted summary judgment for a utility company in a lawsuit concerning groundwater discharges from coal ash ponds at its power plant in Kentucky. Environmental groups argued that the discharges threatened immediate and substantial environmental harm to a nearby lake and streams, in ...

Talarico Bros. Building Corp. v. Union Carbide Corp.

A district court dismissed a RCRA citizen suit brought against present and former owners of chemical plants for allegedly releasing radioactive slag deposited on landowners' properties in New York. The landowners sought injunctive relief under RCRA, including ordering the plant owners to evaluate ea...

Public Employees for Environmental Responsibility v. National Park Service

A district court denied the National Park Service's (NPS') motion to dismiss a challenge to its issuance of a policy memorandum concerning the use of electric-assisted bicycles (e-bikes) in national parks. Environmental groups argued the memorandum amended existing NPS regulations on bicycle use by ...

United States v. Sterling Centrecorp Inc.

The Ninth Circuit affirmed a lower court ruling in a lawsuit concerning the U.S. government's and California's recovery of cleanup costs from a hazardous waste spill in the Sierra Nevada foothills that released toxic amounts of arsenic into local groundwater. Plaintiffs sued the company that had acq...