The Ninth Circuit affirmed a district court order granting a nonprofit business group's motion to preliminarily enjoin California's attorney general from filing or prosecuting new lawsuits to enforce the state's Proposition 65 warning requirement for cancer as applied to acrylamide in food and bever...

The Fifth Circuit granted the Biden Administration's motion to stay a district court ruling enjoining federal agencies from implementing interim estimates on the social cost of greenhouse gas emissions. States had argued the president lacked authority to promulgate and enforce the estimates; that th...

A district court dismissed as moot a yearslong lawsuit challenging President Trump's issuance of a presidential permit in 2019 for construction of a cross-border segment of the Keystone XL oil pipeline. Environmental groups had argued the former president violated the Property Clause, the Commerce C...

A district court granted in part environmental groups' motion for summary judgment in a challenge to BLM's issuance of a 2018 instruction memorandum on greater sage grouse conservation and and subsequent oil and gas lease sales in Nevada and Wyoming. Environmental groups argued the lease sales confl...

The Ninth Circuit affirmed summary judgment for FWS in a challenge to its barred owl removal experiment, which was designed to protect the threatened northern spotted owl. Environmental groups argued FWS violated the ESA by issuing a permit that failed to provide a "net conservation benefit," and NE...

The Ninth Circuit, 2-1, reversed a district court ruling that set aside a land exchange agreement between the Secretary of the Interior and an Alaska Native village company that wished to build a road through Izembek National Wildlife Refuge to allow access to a nearby city. The district court had h...

The Second Circuit affirmed in part and dismissed in part a district court ruling in a lawsuit brought by an oil company against the New York and Massachusetts attorneys general. The company had argued the states' investigations into the company's allegedly deceptive speech concerning climate change...

The D.C. Circuit granted in part an environmental group's petition to review FERC's decision authorizing a new natural gas pipeline and compressor station in Massachusetts. The group argued, among other things, that FERC's EA failed to account for reasonably foreseeable indirect effects of the proje...

A district court denied summary judgment for a class of Gulf of Mexico for-hire charter boat owners and operators in a challenge to NMFS' 2020 rule requiring them to submit electronic fishing reports and use GPS tracking systems for all fishing trips. Plaintiffs argued NMFS violated the APA's notice...

A district court denied summary judgment for landowners in Idaho who sought to halt construction of a public recreational trail across their ranch. The landowners argued the Forest Service violated the ESA by failing to complete §7 consultation with FWS; the CWA by failing to disclose the nature of...