The D.C. Circuit granted in part, denied in part, and dismissed in part a petition to review FERC's approval of changes to dam operations in northwest Indiana after determining that the hydroelectric dam partially caused mussel deaths, as well as FWS' biological opinion (BiOp) upon which the Commiss...
The Fifth Circuit denied a petition to review FWS' issuance of a biological opinion (BiOp) and incidental take statement (ITS) authorizing the harm or harassment of endangered ocelot or jaguarundi in connection with construction and operation of a liquefied natural gas pipeline in South Texas. Envir...
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...
A district court granted fishermen's motion for summary judgment in a challenge to an NMFS rule that would close their swordfish fishery if they accidentally killed or injured too many marine mammals or turtles, and vacated the rule. The fishermen argued the rule conflicted with three national stand...
A district court denied environmental groups' motions to enjoin an oil company from undertaking construction this winter on an oil and gas project in the National Petroleum Reserve-Alaska. One group argued BLM violated the ESA by inappropriately relying on uncertain Marine Mammal Protection Act miti...
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...
A district court granted a motion to preliminarily enjoin FWS from implementing its policy barring the release of captive red wolves into a recovery area in North Carolina. Environmental groups argued FWS violated §7(a)(2) of the ESA by failing to ensure that its actions were not likely to jeopardi...
A district court denied an animal rights group's motion for summary judgment in a challenge to permits and safe harbor agreements (SHAs) issued by FWS for an experiment on nonfederal land to gain data on the relationship between barred owl removal and northern spotted owl recovery. The group argued ...
A district court granted the U.S. government's motions for preliminary injunction and temporary restraining order in a lawsuit concerning owners' care of animals at two facilities in Oklahoma.The government sought an order declaring the owners had violated the ESA and the Animal Welfare Act (AWA); e...
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...