A district court denied summary judgment for a company that owns and manages Iowa farmland in a lawsuit concerning a federal wetland conservation law known as Swampbuster. The company challenged the program, which disqualifies one from receiving USDA farm benefits if they convert certified wetl...

A district court granted in part and denied in part an aerospace company's motion to dismiss a lawsuit alleging that it failed to address the release of hazardous materials on an 18-acre property in the town of Oyster Bay between 1949 and 1962 and that has since become a community park. The town&nbs...

Tribal groups argued NMFS violated NEPA in adopting the harvest specifications because they relied on outdated EISs despite dramatic changes to the ecosystem that necessitated an updated environmental analysis. The court found the specifications were not arbitrary and capricious because NMFS conclud...

A district court granted the Army Corps of Engineers' motion to dismiss a developer's challenge to the Corps' 2012 jurisdictional determination over certain wetlands in Virginia. The developer challenged the Corps' significant nexus finding between the wetlands and the Northwest River, arguing the s...

The D.C. Circuit dismissed petitions to review EPA actions applying and enforcing regulations that govern disposal of coal combustion residuals (CCRs). Owners and operators of coal-fired power plants argued EPA's actions amended existing legislative rules governing disposal of CCRs and that the Agen...

A district court dismissed a RCRA citizen suit over a closure plan for a coal-fired power plant in Alabama. An environmental group challenged the plan, arguing it was unlawful to permanently store over 21 million tons of coal ash and toxic pollutants in the existing unlined impoundment, situated in ...

The Ninth Circuit affirmed dismissal of a lawsuit alleging the Forest Service was liable as a contributor under RCRA for failing to regulate use of lead ammunition by hunters in Kaibab National Forest. Environmental groups argued that, even though the Service's activity was not the direct source of ...

The D.C. Circuit vacated a district court's grant of summary judgment to EPA in a challenge to the Agency's approval of a permitting program for coal ash disposal facilities in Oklahoma. Environmental groups challenged EPA’s approval on several grounds under RCRA and the APA, and the district cour...

The Ninth Circuit reversed a previous ruling that vacated summary judgment for a California city in a RCRA citizen suit brought by an environmental group. The group had argued the city's water wells were contaminated by hexavalent chromium that was in turn transported to city residents through its w...

The Ninth Circuit, 2-1, vacated summary judgment for a California city in a RCRA citizen suit brought by an environmental group. The group had argued the city's water wells were contaminated by hexavalent chromium that was in turn transported to city residents through its water distribution system. ...