The D.C. Circuit upheld the dismissal of a lawsuit brought by an environmental group challenging FERC's funding structure. The group argued that the agency's funding structure created structural bias by incentivizing the agency to approve pipelines in order to seek larger appropriations from Congres...

The D.C. Circuit denied a newspaper reporter's motion for partial summary judgment to require EPA to publish calendar entries of the EPA Administrator's activities. The reporter argued that the Agency violated FOIA's reading-room provision by failing to make the Administrator's detailed calendar ava...

The Ninth Circuit upheld a lower court decision rejecting environmental groups' claim that Export-Import Bank violated the ESA and the National Historic Preservation Act (NHPA). The groups argued that the agency failed to follow proper procedures set forth in the ESA and NHPA before approving financ...

The Seventh Circuit upheld a preliminary injunction barring a global dairy conglomerate from making any claims in its advertisements that cheese from cows treated with recombinant bovine somato-tropin (rbST), an artificial growth hormone, is dangerous and unhealthy. The conglomerate launched an adve...

The Ninth Circuit upheld the dismissal of shareholders' derivative action against a solar panel company for failing to disclose in financial statements and press releases the existence of manufacturing and design defects. The shareholders alleged that the officers and directors of the company breach...

The Federal Circuit affirmed a lower court decision denying three Canadian solar manufacturers' and a U.S. importer's motion for preliminary injunction to bar the enforcement of presidentially imposed tariffs on solar products. The manufacturers and importer argued that imposition of a 30% tariff on...

Pennsylvania's highest court largely upheld a temporary injunction enjoining the state environmental agency from enforcing certain regulations governing unconventional oil and gas operations. The court reversed the lower court's issuance of the injunction on just two issues. Contrary to the ruling o...

A district court granted South Carolina's motion to preliminarily enjoin DOE from terminating a mixed-oxide fuel fabrication facility project currently under construction until the case can be decided on its merits. The project is designed to turn weapons-grade plutonium into commercial reactor fuel...

A district court denied motions to dismiss a lawsuit challenging the federal designation of over 1.8 million acres in the Sierra Nevada mountains as critical habitat for three amphibian species. Associations representing California ranchers and farmers who are no longer able to graze livestock on th...

The Second Circuit affirmed a lower court decision that CERCLA preempts state tort law claims brought by residents living near the Onondaga Lake Superfund site. The owner of the site undertook remedial action pursuant to a federal consent decree. The residents argued, on a state tort law theory, tha...