The Seventh Circuit upheld the dismissal of environmental groups' Clean Water Act (CWA) citizen suit action against a local sewer district for certain sewer overflow violations. In 2002, after the groups filed their suit, the state filed suit as well. Shortly thereafter, the state and the district e...

A district court held that §108 of the Consumer Product Safety Improvement Act of 2008, which prohibits the sale of children toys and products that contain phthalates, applies to existing inventory and not just to those products manufactured after the prohibition's February 10, 2009, deadline. ...

The First Circuit upheld the U.S. Forest Service's approval of two forest resource management projects in the White Mountain National Forest. In 2007, the courts enjoined the Forest Service's 2005 National Forest Management Act (NFMA) rules. Because the 2005 NFMA rules no longer applied, the Forest ...

The D.C. Circuit denied petitions for review of a U.S. Environmental Protection Agency (EPA) rule extending the deadline for the Agency to establish more stringent emissions standards for large marine diesel engines. In the extension rule, EPA explained that despite the delay it remains committed to...

A district court denied a motion to dismiss an environmental group's Clean Water Act (CWA) action against a property owner for dredging and filling wetlands without a permit. The owner argued that the group failed to provide adequate notice. The group, however, sufficiently provided notice as to the...

A district court held that the U.S. Army Corps of Engineers violated the Clean Water Act (CWA) and the National Environmental Policy Act (NEPA) when it issued permits in 2002 to several limestone mining corporations for the discharge of dredged or fill material into wetlands near the Everglades Nati...

The Seventh Circuit upheld the conviction of a liquid waste treatment facility and its president for making materially false statements in reports the facility was required to file under its national pollutant discharge elimination system permit. The defendants argued that the district court erred i...

A district court issued a temporary restraining order prohibiting Bureau of Land Management (BLM) from issuing oil and gas leases on 163,935 acres of land in Utah located near wilderness areas and national parks. Because BLM failed to assess the concentration of pollution in the air, the seven envir...

A district court dismissed a village's Resource Conservation and Recovery Act (RCRA) claim against a company for releasing toxins into its water supply because the U.S. Environmental Protection Agency (EPA) and the state have incurred costs to initiate a remedial investigation and feasibility study ...

The D.C. Circuit reversed its earlier decision to vacate and remand the Clean Air Interstate Rule (CAIR) and instead remanded the rule without vacatur. It is appropriate to remand without vacatur on particular occasions where vacatur would at least temporarily defeat the enhanced protection of the e...