A district court granted in part an environmental group's motion for summary judgment in a challenge to NMFS' 2021 permit authorizing the incidental taking of ESA-listed humpback whales in a sablefish fishery off the Pacific coast. The group argued NMFS violated the Marine Mammal Protection Act (MMP...
The Ninth Circuit reversed in part and vacated in part a district court's decision in a challenge to the Federal Subsistence Board's 2020 approval of two short-term changes to hunting practices on federal land in Alaska—the opening of an emergency deer and moose hunt for a federally recognized tri...
A district court granted summary judgment for DOI in a federally recognized tribe's challenge to the agency's refusal to take land into trust for a casino. The tribe argued DOI misinterpreted the Michigan Indian Land Claims Settlement Act (Michigan Act), and that its refusal violated the APA. The co...
The D.C Circuit denied an industry group's challenge to EPA's 2021 rule requiring power plants in several upwind states to reduce nitrogen oxide emissions. The group argued the rule was arbitrary and capricious, and that EPA failed to conduct a legally and technically appropriate assessment as requi...
The Ninth Circuit reversed a district court's order granting voluntary remand and vacating EPA's 2020 CWA Section 401 Certification Rule. States, environmental groups, and tribes challenged the rule, arguing it unlawfully restricted states' and tribes' ability to reject water pollution projects. Bef...
The Sixth Circuit granted a petition to review EPA's removal of an air nuisance rule from Ohio's SIP. Environmental groups and individuals argued that EPA violated the CAA and APA in removing the rule. EPA moved to remand without vacatur to review its removal of the rule. The court found that vacatu...
A district court upheld BLM's approval of a proposed lithium mine project in Nevada. Environmental groups, ranchers, and tribes argued the project would cause unnecessary and undue degradation to the local sage-grouse population and habitat, groundwater aquifers, and air quality in violation of FLPM...
The Fifth Circuit granted small refiners' motion to stay certain compliance obligations under the CAA pending appeal of EPA's decision denying their requested hardship exemptions from the Act's Renewable Fuel Standard obligations. The refiners argued EPA's late 2021 interpretation of CAA provisions ...
A district court adopted a magistrate judge's recommendation to deny summary judgment for an environmental group in a lawsuit concerning the Army Corps of Engineers' issuance of a CWA §404 permit for a roadway expansion project in Florida. The group argued the Corps violated the CWA by failing to r...
The Fifth Circuit denied a petition to review a CWA permit issued by the Army Corps of Engineers authorizing development of a natural gas pipeline and export facility in south Texas. A group of shrimpers and fishermen argued the permit violated the CWA by failing to show that the approved project wa...