The Fifth Circuit vacated two orders EPA issued under TSCA that prohibited a plastics company from manufacturing or processing long-chain perfluoroalkyls (PFAS) during its fluorination process. In March 2022, EPA charged that the company's fluorination process was subject to a recently promulgated s...
The Montana Supreme Court, 5-2, reversed a lower court order that revoked the Montana Department of Environmental Quality's (MDEQ's) approval of a permit for construction and operation of a proposed copper mine. Conservation groups argued MDEQ's issuance of the permit violated the state's Metal Mine...
A district court vacated three pesticide registrations issued by EPA in 2020 for "over-the-top" application of dicamba products manufactured by agrochemical companies. Environmental groups argued EPA violated FIFRA by unconditionally issuing "new use" registrations for over-the-top use of dicamba on...
The Eleventh Circuit vacated a district court's conclusion that FIFRA expressly preempted a state failure-to-warn claim brought by a Georgia landowner against the manufacturer of the weedkiller Roundup. The landowner argued the weedkiller caused his cancer and sued the manufacturer for failing to wa...
The Ninth Circuit granted in part and denied in part environmental and public interest groups' petition to review EPA's amended pesticide registrations of streptomycin sulfate for use in combating citrus diseases. The groups argued EPA's determination that the registration would not cause "unreasona...
A district court denied environmental groups' motion to preliminarily enjoin an oil drilling project in Wyoming's Powder River Basin. The groups argued DOI's initial approval of the project violated NEPA by failing to take a "hard look" at relevant environmental issues, violated FLPMA by failing to ...
The Ninth Circuit, 2-1, affirmed a district court's grant of summary judgment for agricultural producers and businesses and a permanent injunction enjoining the California attorney general (AG) from enforcing Proposition 65's carcinogen warning requirement for the herbicide glyphosate. Plaintiffs ar...
The Eighth Circuit granted farming groups' petitions to review EPA's 2021 order banning agricultural use of the insecticide chlorpyrifos. The groups argued EPA's "rushed" decision to revoke all tolerances for chlorpyrifos, in response to a Ninth Circuit order directing the Agency to either revoke al...
The Fifth Circuit affirmed summary judgment for the operator of a chemical storage facility in a lawsuit concerning the operator's 2019 oil spill into the Houston Ship Channel. Shipping companies that were forced to stop operations after the spill sued the operator, seeking economic loss damages und...
A district court dismissed a mining company's challenge to DOI's cancellation of two leases for a proposed copper and nickel mine in Superior National Forest. The company argued the cancellation violated the company's right to successive lease renewals and to be free from government action that is a...