The D.C. Circuit remanded FERC orders rejecting an Oklahoma city's complaint that a hydroelectric dam overseen by the Commission caused periodic flooding. The city argued that the dam operator violated Article 5 of its license, which FERC had issued under the Federal Power Act, and sought to require...
The D.C. Circuit remanded DOE's 2020 rule that set more stringent energy efficiency standards than those of the American Society of Heating, Refrigerating and Air-Conditioning Engineers for commercial packaged boilers. Industry groups argued, among other things, that the Department inflated the econ...
A district court granted in part summary judgment for environmental groups in a challenge to FWS' and the Forest Service's decisions regarding a logging and prescribed burning project in the Helena-Lewis and Clark National Forest. The groups argued the Services violated the ESA by failing to reiniti...
A district court dismissed the state of Alaska's lawsuit against the Federal Subsistence Board (FSB) regarding the Board's authorization of a subsistence hunt for a southeast Alaska tribe. Alaska argued the FSB violated the APA, the Alaska National Interest Lands Conservation Act, and the Sunshine A...
The First Circuit granted NOAA's motion to stay a district court order preliminarily enjoining the agency's partial seasonal closure of a Maine lobster fishery to protect endangered North Atlantic right whales. A fishing union had argued the closure was an arbitrary and capricious application of the...
The Ninth Circuit, 2-1, vacated summary judgment for a California city in a RCRA citizen suit brought by an environmental group. The group had argued the city's water wells were contaminated by hexavalent chromium that was in turn transported to city residents through its water distribution system. ...
A district court granted summary judgment for an environmental group in a challenge to FWS' decision not to list the Joshua tree as threatened under the ESA. The group challenged the Service's findings that Joshua trees were not threatened under either the five threat factors or throughout a signifi...
A district court granted the state of Louisiana's motion for preliminary injunction to delay the effective date of NMFS' 2019 rule requiring turtle excluder devices on certain skimmer trawl vessels operating in inshore waters. The state argued the effective date was arbitrary and capricious because ...
A district court granted interim injunctive relief for environmental groups in a lawsuit concerning the Army Corps of Engineers' operation of dams in the Willamette River Basin. The groups sought injunctive relief to remedy the Corps' substantive and procedural ESA violations previously found by the...
A state appellate court upheld the Minnesota Public Utilities Commission's (MPUC's) approval of affiliated-interest agreements for construction and operation of a natural gas-fired power plant in Wisconsin. Environmental groups argued substantial evidence did not support MPUC's determinations that t...