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Roundup Productions Liability Litigation

A district court denied an herbicide manufacturer's motion for summary judgment against claims brought by users of one of its products alleging that the weedkiller caused them to develop non-Hodgkin's lymphoma (NHL), and ruled that the claims could proceed. The users alleged that glyphosate, the act...

Bitterroot Ridge Runners Snowmobile Club v. United States Forest Service

A district court granted in part and denied in part outdoor groups' motion for summary judgment seeking injunctive relief from the U.S. Forest Service's Travel Plan for the Bitterroot National Forest (Travel Plan), which prohibits motorized and bicycle travel in wilderness study areas (WSA) within t...

Delaware Riverkeeper Network v. FERC

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...

Lipton v. EPA

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...

Wayne Land & Mineral Group LLC v. Delaware River Basin Commission

The Third Circuit vacated a lower court's dismissal of a company's claim that the Delaware River Basin Commission did not have authority to review the company's proposed fracking activities. The company argued that the Commission lacked authority under the Delaware River Basin Compact to review and ...

American Rivers v. Federal Energy Regulatory Commission

The D.C. Circuit vacated a license renewal that FERC granted for a power plant on the Coosa River. Environmental groups argued that the agency violated the Federal Power Act, NEPA, and the ESA when it issued the power company's license. The appellate court agreed, finding that the EA and biological ...

Hill

The Ninth Circuit affirmed a district court's denial of a car owner's motion to intervene in DOJ's case against a German automaker to resolve alleged CAA violations. The owner argued that DOJ's settlement with the automaker violated Virginia's SIP by not requiring all affected vehicles to be bought ...

Delaware Department of Natural Resources & Environmental Control v. EPA

The D.C. Circuit denied Delaware's petition to review EPA's decision granting the Philadelphia area an extra year to comply with national ground-level ozone standards. Delaware argued that the Agency's extension violated the CAA because not all four states in the Philadelphia area applied for an ext...

Sierra Club v. EPA

The D.C. Circuit denied petitions from industry groups challenging EPA's new kiln air emissions standards for brick and clay manufacturers, and largely granted petitions from environmental groups who argued the standards were not strict enough to protect human health. Industry groups argued that the...