A district court granted summary judgment for a nonprofit group in a lawsuit seeking FOIA disclosure of records maintained by FWS regarding the import and export of wildlife. The group challenged the Service's redaction of certain information pursuant to a FOIA exemption for trade secrets and commer...
A district court denied motions for summary judgment in a lawsuit seeking FOIA disclosure of records regarding an order issued by the Secretary of the Interior concerning the federal coal program. An environmental group argued that DOI failed to conduct an adequate search for responsive records, fai...
The D.C. Circuit denied, 2-1, New Jersey's challenge to a rule promulgated by EPA on remand concerning the CAA's new source review (NSR) program. The state argued that EPA inadequately considered concerns stemming from the predictive and subjective nature of projected emissions calculations and adop...
The Fifth Circuit upheld a rule issued by the Consumer Product Safety Commission prohibiting the manufacture and sale of children's toys and childcare articles that contained concentrations of more than 0.1% of any one of five phthalates, but remanded the rule to the Commission to address two proced...
The U.S. Supreme Court reversed, 7-2, a circuit court ruling that draft biological opinions were not exempt from a FOIA request related to FWS' and NMFS' consultations with EPA for a proposed rule regarding cooling water intake structures. An environmental group submitted FOIA requests for the recor...
The D.C. Circuit vacated three provisions of EPA's 2018 rule implementing NAAQS for ozone. Environmental groups challenged four provisions of the rule: the interprecursor trading program, a provision allowing states to demonstrate compliance with the CAA's "reasonable further progress" milestone req...
The U.S. Supreme Court granted the Biden Administration's request to cancel arguments and suspend further proceedings in a lawsuit concerning the Trump Administration's plans to build a border wall along the U.S.-Mexico border., full_html...
A district court granted summary judgment for environmental groups in a challenge to EPA's decision to make its Regulatory Science rule effective immediately upon publication in the Federal Register. The groups argued EPA's decision violated the APA's 30-day notice requirement after publication of a...
The D.C. Circuit vacated EPA's Affordable Clean Energy Rule that repealed and replaced the Clean Power Plan as a means of regulating power plants' greenhouse gas emissions. A group of public health petitioners sought review of the rule's conclusion that §7411 of the CAA only permitted emission redu...