A district court denied a water district's motion to intervene in an ESA lawsuit seeking protections for longfin smelt. The water district argued it had standing to intervene because its alleged injury—a reduction in water allocation—was economic, its injury was traceable to plaintiff's claims s...
A district court granted in part and denied in part summary judgment for an environmental group and U.S. congressman in a lawsuit concerning enforcement activity along the U.S.-Mexico border. The plaintiffs argued the Department of Homeland Security (DHS) violated NEPA by failing to issue a suppleme...
A district court vacated BLM's approval of an oil and gas project in the National Petroleum Reserve in Alaska. Indigenous and environmental groups argued BLM violated NEPA by failing to adequately analyze the effects of the project's downstream greenhouse gas (GHG) emissions in its EIS, failing to c...
The Ninth Circuit affirmed summary judgment for EPA in a challenge to a compliance order stating that landowners' property in Idaho contained wetlands subject to CWA protection and directing them to remove fill and restore the property to its natural state. The appellate court concluded that EPA rea...
The Eighth Circuit affirmed in part and reversed in part a district court ruling in an ongoing enforcement suit concerning air pollution at a utility company's coal-fired power plant in Missouri. EPA argued the company violated the CAA, Missouri's SIP, and its Title V permit by performing modificati...
The D.C. Circuit granted in part petitions to review the Federal Communications Commission's (FCC's) order regarding the adequacy of the Commission's guidelines for exposure to radiofrequency (RF) radiation. Environmental groups argued the FCC violated the APA by failing to acknowledge evidence of n...
A district court denied nonprofit groups' motion for summary judgment in a challenge to BLM's decision authorizing a power company to construct a portion of an electrical transmission line across roughly 100 miles of federal land. The groups argued BLM violated NEPA by failing to supplement the fina...
A district court granted summary judgment for an environmental group in a challenge to EPA's regulations for oil spill dispersants. The group argued that EPA violated the CWA by failing to issue a final rule updating the NCP for addressing oil spills in light of new information showing the chemicals...
The Ninth Circuit affirmed summary judgment for the Army Corps of Engineers in a challenge to the Corps' proposed plans for dredging the San Francisco Bay's navigation channels. The San Francisco Bay Conservation and Development Commission argued the Corps' refusal to comply with its conditions abou...
The Ninth Circuit affirmed dismissal of a lawsuit concerning guidance issued by EPA recommending a statistical method for assessing water toxicity. Trade groups argued the Agency violated the APA and the CWA in issuing the guidance. A district court found that the guidance was not final agency actio...