A district court granted a plastics company's request to dismiss a lawsuit concerning its production of per- and polyfluoroalkyl substances (PFAS). Environmental groups argued the company violated TSCA and its implementing regulations by producing PFAS without appropriate EPA approvals. The company ...

A district court granted Texas' and Idaho's motion to preliminarily enjoin EPA's and the Army Corps of Engineers' 2023 rule revising the definition of "waters of the United States" under the CWA. The states sought to enjoin the rule within their borders, arguing it was unconstitutional and violated ...

A district court granted EPA's motion to dismiss nonprofit groups' challenge to the Agency's response to their TSCA petition requesting comprehensive health and environmental effects testing on 54 per- and polyfluoroalkyl substances (PFAS) manufactured by a company in North Carolina. EPA granted the...

A district court denied for lack of jurisdiction the Commonwealth of Kentucky's and business groups' motions to preliminarily enjoin EPA's and the Army Corps of Engineers' 2023 rule revising the definition of "waters of the United States" under the CWA. The court found that plaintiffs failed to show...

The Fourth Circuit vacated the West Virginia Department of Environmental Protection's CWA §401 certification for a proposed pipeline that would transport natural gas from West Virginia to southern Virginia. Landowners and environmental groups petitioned for review of the certification, arguing the ...

The Fourth Circuit denied a petition to review the Virginia Department of Environmental Quality's (DEQ's) and the State Water Control Board's approval of a state water permit for a proposed pipeline that would transport natural gas from West Virginia to southern Virginia. Environmental groups argued...

A district court granted in part and denied in part summary judgment for environmental groups in a lawsuit concerning FWS' management of grizzly bear recovery in the Bitterroot Ecosystem. The groups argued FWS violated NEPA and the APA by choosing not to implement grizzly bear recovery plans adopted...

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...

A district court granted in part and denied in part FWS' motion to dismiss a challenge to the Service's failure to comply with deadlines for listing species as threatened or endangered and for designating critical habitats for them. An environmental group sought to compel FWS to make 12-month findin...

A district court denied the Army Corps of Engineers' motion to dismiss an ESA citizen suit alleging the Corps' operation of a dam in California was unlawfully taking protected salmon species. An individual argued the Corps violated the ESA by jeopardizing salmon populations with the dam's flood cont...