Swinomish Indian Tribal Community v. Lummi Nation
The Ninth Circuit affirmed denial of fishing rights to the Lummi Nation in a long-running dispute over rights in certain waters in northern Washington. The Swinomish Indian Tribal Community, the Tulalip Tribes, and the Upper Skagit Indian Tribe argued that the recognized fishing rights of the Lummi ...
Center for Biological Diversity v. U.S. Fish and Wildlife Service
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 ...
Solar Energy Industries Ass'n v. Federal Energy Regulatory Commission
The Ninth Circuit granted in part and denied in part a petition to review FERC orders that altered which facilities qualify for benefits under the Public Utility Regulatory Policy Act (PURPA) and how those facilities are compensated. An industry group and several environmental groups argued the orde...
Center for Biological Diversity v. U.S. Forest Service
A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to the Forest Service's and FWS' approval of a logging project in Kootenai National Forest. The groups argued, among other things, that the Services failed to take a "hard look" at th...
Center for Biological Diversity v. United States Environmental Protection Administration
A district court granted in part summary judgment for an environmental group in a challenge to EPA's issuance of recommended water quality criteria for cadmium in 2016. The group argued EPA violated the ESA by failing to consult with expert agencies before issuing the recommended criteria. The Agenc...