The First Circuit again affirmed a district court order that remanded to state court Rhode Island's climate change lawsuit against oil companies. The district court concluded that none of the companies' grounds for removal—federal officer, federal question, Outer Continental Shelf Lands Act, admir...
In an emergency order, the U.S. Supreme Court denied several states' application to vacate the Fifth Circuit's stay of a district court ruling that had enjoined federal agencies from implementing interim estimates on the social cost of greenhouse gas emissions.
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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 Ninth Circuit again affirmed a district court order that remanded to state court several California counties' and cities' lawsuit against oil and gas companies alleging state law claims arising from global warming. The district court concluded that none of the companies' grounds for removal—fe...
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...
The Fourth Circuit affirmed a district court order that remanded to state court the city of Baltimore's climate change lawsuit against oil companies. The city alleged it sustained climate change-related injuries, including an increase in sea levels, storms, floods, heatwaves, droughts, and extreme p...
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 Fifth Circuit granted the Biden Administration's motion to stay a district court ruling enjoining federal agencies from implementing interim estimates on the social cost of greenhouse gas emissions. States had argued the president lacked authority to promulgate and enforce the estimates; that th...