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WildEarth Guardians v. U.S. Fish and Wildlife Service

A district court denied summary judgment for environmental groups in a challenge to FWS' 2015 rule that classified any reestablished black-footed ferret population in Wyoming as a nonessential experimental population. The groups argued FWS' designation of reintroduced ferrets as "nonessential" viola...

American Wild Horse Campaign v. Stone-Manning

A district court affirmed BLM's resource management plan (RMP) amendment and record of decision (ROD) concerning wild horse management in southern Wyoming. Conservation and wild horse advocate groups argued BLM's decision to revert two herd management areas to "herd area" status, of which the approp...

Sierra Club v. National Marine Fisheries Service

A district court granted summary judgment for environmental groups in a challenge to NMFS' biological opinion (BiOp) on the impact of oil and gas extraction in the Gulf of Mexico on protected marine life. The groups argued NMFS violated the APA and the ESA by issuing a flawed BiOp that underestimate...

Wild Fish Conservancy v. Quan

In an unpublished opinion, the Ninth Circuit reversed a lower court's vacatur of an incidental take statement (ITS) issued by NMFS authorizing a troll fishery in Alaska to harvest Chinook salmon despite potential reduction in prey for the endangered southern resident killer whale, and affirmed its d...

Schaffner v. Monsanto Corp.

The Third Circuit reversed a ruling that held FIFRA did not preempt state-law tort duties to include a cancer warning on a weedkiller label. A landscaper had argued the agrochemicals company that produces the weedkiller violated Pennsylvania law by omitting the cancer warning from its label. The app...

Xerces Society for Invertebrate Conservation v. Shea

A district court granted summary judgment for conservation groups in a challenge to the Animal and Plant Health Inspection Service's (APHIS') recent update to a program concerning the use of pesticides to suppress grasshopper and cricket outbreaks. The groups argued APHIS' 2019 EIS and five state-le...

Center for Biological Diversity v. Haaland

A district court granted in part and denied in part summary judgment for environmental groups in a challenge to FWS' 2020 revised 12-month finding on a petition to list the Upper Missouri River distinct population segment of arctic grayling. The groups argued FWS failed to analyze the adequacy of ex...

Chemours Co. FC, LLC v. United States Environmental Protection Agency

The Third Circuit dismissed for lack of jurisdiction a chemical company's petition to review EPA's health advisory for HFPO-DA, a chemical found in drinking water. The company argued the advisory violated both the procedural and substantive requirements of the APA and the nondelegation doctrine. The...

Swan View Coalition v. Haaland

A district court adopted in part, modified in part, and rejected in part a magistrate judge's findings and recommendations in a challenge to FWS' biological opinion (BiOp) for Flathead National Forest's 2018 revised land management plan. Environmental groups argued FWS and the Forest Service violate...

Vinyl Institute, Inc. v. Environmental Protection Agency

The D.C. Circuit vacated a 2022 EPA order requiring chemical manufacturers/processors to test the chronic toxicity of 1,1,2-trichloroethane pursuant to TSCA. A trade organization representing seven entities challenged the order, arguing EPA failed to comply with several statutory requirements. The c...