The Ninth Circuit affirmed a district court ruling in favor of the Bureau of Reclamation and FWS in a challenge to the agencies' renewal of water supply contracts in California. Environmental groups argued that FWS conducted an inadequate consultation on the effects of the renewals on delta smelt an...

The D.C. Circuit rejected challenges to renewable fuels standards EPA set for 2020, 2021, and 2022. Cellulosic biofuel producers argued the standards were set too low, and petroleum refiners argued they were set too high. Specifically, the biofuel producers argued EPA misinterpreted or unreasonably ...

A district court granted summary judgment for a fisheries biologist in a challenge to the Army Corps of Engineers' flood control operations at a California dam. The biologist argued the operations, which released water from the dam into the Russian River, violated §9 of the ESA by unlawfully "takin...

The Third Circuit denied power companies' petition to review EPA's issuance of a federal implementation plan (FIP) establishing nitrogen oxide (NOx) emission limits for selective catalytic reduction-equipped coal-fired electric generating units in Pennsylvania to address reasonably available control...

A district court granted in part and denied in part summary judgment for a conservation group in a challenge to NMFS' management of the Pacific sardine under the Magnuson-Stevens Act (MSA) and NEPA. The group argued NMFS' plan to rebuild the sardine population after it was declared overfished in 201...

The Ninth Circuit affirmed in part and vacated in part a district court's preliminary injunction limiting wolf trapping and snaring in certain parts of Montana to January 1, 2024, through February 15, 2024. Nonprofit groups argued Montana's laws authorizing recreational wolf and coyote trapping and ...

The Fifth Circuit rejected an environmental group's challenge to the Louisiana Department of Environmental Quality's (LDEQ's) decision to issue preconstruction permits for a liquefied natural gas export facility in Cameron Parish. The group sought to have LDEQ's decision vacated, arguing the facilit...

A district court denied the state of Florida's motion for a limited stay of the court's prior ruling vacating EPA's approval of Florida's application to assume permitting authority under §404 of the CWA. Environmental groups initially sued, arguing EPA and FWS violated the ESA because neither the p...

The U.S. Supreme Court unanimously held that the Takings Clause does not distinguish between legislative and administrative land use permit conditions, in a lawsuit concerning a traffic impact fee as a condition of building a prefabricated home on a parcel of land. The landowner challenged the fee a...

The U.S. Supreme Court unanimously held that Texas property owners should be permitted to pursue claims under the Takings Clause through an inverse-condemnation cause of action available under Texas law. Over 120 property owners argued that a Texas highway elevation and expansion project, which buil...