A district court denied an environmental group's motion for summary judgment in a challenge to FWS' 2019 decision to reclassify the American burying beetle under the ESA from endangered to threatened. The group argued the Service violated the ESA by downlisting the beetle based on inadequate data an...
A district court denied in part and dismissed in part two nonprofit groups' challenge to DOE's approval of a freshwater offshore wind project in Lake Erie. The groups argued DOE violated NEPA by failing to prepare an EIS and failing to take a "hard look" at reasonable alternatives and cumulative imp...
A district court denied summary judgment for nonprofit groups in a challenge to FWS' authorization of permits to import Sub-Saharan African leopard trophies from overseas sport hunting in Tanzania, Zambia, and Zimbabwe. The groups argued FWS violated the APA by making unsubstantiated non-detriment f...
The D.C. Circuit denied the state of Utah's motion to stay EPA's 2023 "good neighbor" rule, which aims to ensure that 23 states meet the CAA's good neighbor requirements by reducing ozone-forming emissions of nitrogen oxides from power plants and industrial facilities that contribute to compliance i...
On May 25, 2023, the U.S. Supreme Court dropped an absolute bombshell with its ruling in Sackett v. Environmental Protection Agency. Early assessments of Sackett underscore two vital points: much has been lost for wetlands protection, and much has changed with respect to the Court’s broader environmental law jurisprudence. This Comment delves into both of these issues, providing some background on the unique and long-running controversy that was at the heart of Sackett, and parsing the four opinions from the case.
A district court granted summary judgment for several bus companies in a CAA citizen suit alleging that the companies excessively idled their buses in violation of Massachusetts and Connecticut law. The companies moved for summary judgment, asserting the group lacked standing. The court found the co...
The Tenth Circuit, 2-1, granted in part an environmental group's challenge to EPA's approval of a Colorado SIP revision certifying that the state's existing, EPA-approved nonattainment new source review permitting program for the Denver Metro-North Front Range area met the requirements for attaining...
The Fifth Circuit denied environmental groups' petition to review the Army Corps of Engineers' issuance of a CWA permit for a proposed liquefied natural gas production and export terminal on the Calcasieu River in Louisiana. The groups argued the Corps failed to adequately consider a particular alte...
A district court granted summary judgment for environmental groups in a challenge to FWS' 12-month finding and determination that the eastern hellbender did not warrant listing as a threatened or endangered species under the ESA. The groups argued FWS failed to articulate a rational and legal basis ...
Since 2017, 115 North Atlantic right whales (NARWs) have been documented dead, seriously injured, or sporting sublethal injuries and illnesses. Scientists refer to this phenomenon as an unusual mortality event, and assert that entanglement and vessel strikes are the leading causes. Fewer than 350 NARWs remain, and it is estimated that only one-third of their deaths are documented. Experts claim that only “quick and decisive action from humans” can ensure the species’ survival. Some proposed regulations will affect where and how the relevant fisheries are able to operate.