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United States v. Hercules, Inc.

The court reverses a district court decision imposing joint and several liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the former owner of the Vertac Chemical Plant site in Jacksonville, Arkansas, and rejecting the former owner's argument t...

Wildearth Guardians v. United States Forest Service

A district court remanded the U.S. Forest Service's decision concerning the management of roads and trails in the Santa Fe National Forest. An environmental group argued that the agency should have considered the effects of forest management on the endangered Jemez Mountains salamander. The magistra...

Crow Indian Tribe v. United States

A district court vacated FWS' decision to delist the Greater Yellowstone Ecosystem population of grizzly bears. Environmental groups argued that the agency violated the APA by failing to consider the impact of delisting on other remaining grizzly populations and arbitrarily and capriciously applying...

Otay Mesa Property, L.P. v. United States Department of the Interior

A district court vacated FWS' designation of land in California as critical habitat for the endangered Riverside fairy shrimp. Property owners argued that the agency improperly designated 56 acres of land as "occupied" habitat even though the shrimp species live only in the adjacent one-acre stock p...

Colorado v. United States Fish and Wildlife Service

A district court denied Colorado's and Utah's request to vacate FWS' decision to list the Gunnison sage grouse species as threatened under the ESA. The states argued that many of the agency's claimed threats to the species were unsupported by science, and that its determinations were arbitrary and c...

Gulf Fishermens Ass'n v. National Marine Fisheries Service

A district court ruled in favor of fishermen's challenge to NMFS regulations regarding offshore aquaculture in federal waters of the Gulf of Mexico. The fishermen argued that the regulations were facially invalid because they fall outside the agency's authority to regulate fisheries under the Magnus...

Fisheries Survival Fund v. Jewell

A district court denied commercial fishing groups' request to preliminarily enjoin development of a wind energy facility off the coast of New York. The groups argued that the Bureau of Ocean Energy Management (BOEM) violated NEPA when it issued a lease to the company by improperly segmenting the ana...

Tennessee Clean Water Network v. Tennessee Valley Authority

The Sixth Circuit held that seepage from a coal-fired power plant adjacent to the Cumberland River did not violate the CWA. Environmental groups argued that the plant violated the CWA by leaking pollutants without a permit from its unlined coal ash ponds into groundwater that is hydrologically conne...

Kentucky Waterways Alliance v. Kentucky Utilities Company

The Sixth Circuit held that seepage from a coal-fired power plant that reached a nearby lake violated RCRA, but not the CWA. Environmental groups argued that the chemicals being stored in coal ash ponds contaminated the surrounding groundwater, which in turn contaminated a nearby lake, in violation ...

Western Watersheds Project v. Zinke

A district court preliminarily enjoined BLM from conducting oil and gas lease sales under the procedures of a new BLM directive. Environmental groups argued that the directive unlawfully constrains environmental review of, and public participation in, oil and gas lease decisions that affect and thre...