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Center for Biological Diversity

The D.C. Circuit granted environmental groups' motion for writ of mandamus to require EPA to complete its effects determination for the registered pesticide cyantraniliproles. The groups argued EPA was eight years past its deadline under the ESA to complete the effects determination, that it had fai...

Center for Biological Diversity v. Raimondo

A district court granted in part and denied in part conservation groups' motion for an order on remedy after it invalidated NMFS' 2021 biological opinion (BiOp) and final rule as related to the U.S. lobster fishery. The parties agreed the rule should be remanded without vacatur to NMFS along with an...

Rancho Vista Del Mar v. United States

A district court granted DOD's motion to dismiss a challenge to its decision to halt fence construction along the U.S.-Mexico border in response to President Biden's proclamation declaring an end to the national border emergency. A corporation that owns land adjacent to the fence argued that DOD's d...

Center for Biological Diversity v. Haaland

In an amended order, a district court granted FWS' and NMFS' motion to voluntarily remand a series of regulations enacted by the Trump Administration that modified how the Services implement the ESA. Environmental groups, states, and cities had argued the regulations violated the ESA, the APA, and N...

United States v. Union Oil Co. of California

In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the U.S. government in a CERCLA liability lawsuit, requiring oil companies to reimburse approximately $50 million of EPA's environmental cleanup costs at a Superfund site in California. The government had sought reimbursement...

Adorers of the Blood of Christ v. Transcontinental Gas Pipe Line Co LLC

The Third Circuit affirmed a lower court's dismissal of a religious group's challenge to FERC's approval of a natural gas pipeline along land owned by the group. The group argued that the use of its land to facilitate extraction, transportation, and use of fossil fuels violated its religious beliefs...

Cascade Forest Conservancy v. United States Forest Service

In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its planned road construction project near Mount St. Helens to address the threat of a nearby lake's potential breach. Environmental groups argued the project violated NEPA and the Nationa...

Red Lake Band of Chippewa Indians v. United Sates Army Corps of Engineers

A district court denied summary judgment for environmental and tribal groups in a challenge to the Army Corps of Engineers' decision to issue permits under the CWA and the Rivers and Harbors Act for a project to replace sections of an oil pipeline in Minnesota. The groups argued the Corps' decision ...