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Wyoming v. United States

The court affirms in part and reverses in part the dismissal of the state of Wyoming's claim against the U.S. Fish and Wildlife Service (FWS) for interfering with the state's "sovereign right" to manage wildlife within its borders, including its right to vaccinate elk from brucellosis in the Nationa...

Oceana, Inc. v. Ross

A district court granted an environmental group's request to enforce the court's previous order that NMFS issue a new catch rule for northern anchovy that complies with the Magnuson-Stevens Act (MSA) and the APA. The group argued that the agency had not complied with the order and requested that the...

Center for Biological Diversity v. U.S. Bureau of Land Management

A district court denied environmental groups' motion for summary judgment against BLM for lease sales in 2017. The groups argued that BLM failed to fully consider numerous and foreseeable environmental impacts of the leases as required under NEPA. But the court found that BLM's analysis in general t...

Rocky Mountain Farmers Union v. Corey

The Ninth Circuit affirmed a district court's dismissal of a constitutional challenge to California's 2015 Low Carbon Fuel Standard (LCFS). Farming groups argued that the state's LCFS violated the Commerce Clause and the federal structure of the Constitution by regulating extraterritorially. But the...

National Parks Conservation Ass'n v. North Dakota Department of Health

A state court upheld the North Dakota Department of Health's decision to issue an air quality permit for construction of an oil refinery less than three miles from Theodore Roosevelt National Park. Environmental groups argued that the Department's decision to issue a synthetic minor source permit ra...

Wisconsin v. EPA

The court affirms a district court decision upholding the U.S. Environmental Protection Agency's (EPA's) grant of "treatment as state" status to a Native American tribe under the Clean Water Act (CWA). Wisconsin, in which the tribe and its reservation are located, challenged EPA's decision to treat ...

Wilderness Watch v. U.S. Forest Service

The court holds that the U.S. Forest Service violated the Wild and Scenic Rivers Act (WSRA) and the Central Idaho Wilderness Act (CIWA) by allowing several permanent hunting and fishing lodges to be built along portions of the Salmon River in Idaho designated as "wild" under the WSRA. The court firs...

Western Mohegan Tribe & Nation of N.Y. v. New York

The court affirms a district court dismissal of a Native American tribe's National Historic Preservation Act (NHPA) claim against the state of New York, but vacates and remands the district court's dismissal of the tribe's First Amendment claim against the state. The tribe claimed that the state vio...

Save the Yaak Comm. v. Block

The court holds that the United States Forest Service violated the National Environmental Policy Act (NEPA) in conducting a road construction project and related timber sales in the Kootenai National Forest in Montana, and the Endangered Species Act's (ESA's) 60-day notice provision is jurisdictiona...

Utility Solid Waste Activities Group v. Environmental Protection Agency

The court holds that the U.S. Environmental Protection Agency's (EPA's) failure to follow the Administrative Procedure Act (APA) notice-and-comment procedures in 5 U.S.C. §553 when it amended the Toxic Substances Control Act regulation for the continued use of polychlorinated biphenyl (PCB)-contami...