A district court granted EPA's motion to remand and vacate the Agency's 2019 decision to withdraw a proposed determination that would have restricted a copper and gold mine from using certain waters at disposal sites for dredged and fill material. The court found that neither retention of jurisdicti...

The D.C. Circuit ordered FERC to consider whether to stay a certificate for a pipeline that would carry natural gas from western Canada to a proposed export terminal in Oregon in light of the developer's decision to postpone development.
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A district court vacated and remanded EPA's 2020 Clean Water Act Section 401 Certification Rule, which limited the ability of states and Native American tribes to regulate water pollution. States, tribes, and conservation groups sought to have the rule vacated, and EPA moved to remand without vacatu...

The Court of Federal Claims entered judgment for the U.S. government in a takings challenge against FWS for rerouting spring waters that had previously flowed through church property into a restoration channel in an effort to save a native fish species. The church argued the berm FWS installed upstr...

A district court granted in part a fishing union's motion for preliminary injunction in a challenge to NOAA's partial seasonal closure of a Maine lobster fishery to protect endangered North Atlantic right whales. The union argued the rule was an arbitrary and capricious application of the Marine Mam...

A district court declined to reconsider its previous order granting summary judgment for environmental groups in an ongoing dispute over a Hawaii county's release of pollutants into injection wells at a wastewater facility near the Pacific Ocean. The groups had argued the county violated the CWA by ...

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to FWS' recovery plan for the Mexican gray wolf. The groups argued the plan violated the ESA by failing to include site-specific management actions for conservation and objective, mea...

The Tenth Circuit affirmed in part and reversed in part summary judgment for FWS in a challenge to the Service's redaction of importer names in response to FOIA requests regarding the import of African elephant and giraffe parts. The appellate court concluded that withholding importers' names under ...

A district court granted researchers' and primate importers' motions to intervene in a lawsuit brought by a nonprofit group seeking FOIA disclosure of FWS records regarding the import and export of wildlife. The group challenged the Service's redaction of certain information pursuant to a FOIA exemp...

The Ninth Circuit remanded a summary judgment order in a challenge to EPA's approval of Montana's variance request from approved water quality standards adopted under the CWA. An environmental group argued the Agency's approval of the variance violated the APA. A district court granted partial vacat...