The U.S. Supreme Court held, 6-3, that President Barack Obama's EPA had exceeded its statutory authority under §111(d) of the CAA when it promulgated the Clean Power Plan to address carbon dioxide pollution from existing power plants. States and coal companies had petitioned for review of the plan,...

The D.C. Circuit granted in part and denied in part petitions to review FERC's order approving the Independent System Operator for New England's (ISO-NE's) tariff revisions that compensated power plants for maintaining up to three days' worth of fuel on-site to generate electricity during winter mon...

The D.C. Circuit upheld FERC's approval of a dam operator's flood protection plan for a nearby water pump station in North Carolina. A city petitioned for review of FERC's approval of the plan, a state-imposed condition of its water quality certification under the CWA, which involved raising the pum...

A district court granted an environmental group's motion to preliminarily enjoin the Forest Service and FWS from moving forward with a logging and road building project in the Kootenai National Forest. The group argued the agencies violated the ESA by failing to conduct a lawful cumulative effects a...

A district court granted FWS' motion for voluntary remand in a challenge to its 2020 decision to withdraw a 2013 proposed rule to list the wolverine as a threatened distinct population segment (DPS) in the contiguous United States under the ESA. Environmental groups argued the withdrawal was based o...

A district court granted summary judgment for environmental groups in a challenge to FWS' 2020 withdrawal of its 2013 proposal to list the bi-state sage-grouse as a threatened species under the ESA, and vacated the withdrawal. The groups argued the withdrawal violated the ESA because the Service's d...

The Ninth Circuit affirmed summary judgment for the National Park Service (NPS) in a challenge to the Service's authority to prohibit commercial herring fishing in the Golden Gate National Recreation Area (GGNRA). A fishing group argued that NPS lacked authority under the GGNRA Act to enforce the co...

The Tenth Circuit affirmed dismissal of ranching groups' challenge to FWS' designation of critical habitat for the endangered New Mexico meadow jumping mouse. The groups argued FWS' methodology for analyzing economic impacts of the designation violated the ESA and court precedent, that the Service f...

A district court denied environmental groups' motion for partial summary judgment in a CAA citizen suit brought against a steel company concerning hydrogen sulfide and sulfur dioxide emissions at its production facilities in Pennsylvania. The groups argued the company repeatedly violated the CAA, th...

A district court granted in part and denied in part conservation groups' motion for summary judgment in a challenge to NMFS' 2019 decision not to list the alewife and blueback herring as threatened under the ESA. The groups argued that NMFS failed to adequately account for climate change-related har...