The Fourth Circuit affirmed summary judgment for a county in South Carolina in a lawsuit concerning the county's alleged taking of honey sellers' bees. The sellers argued their bees died after the county sprayed pesticide in an effort to kill mosquitoes, and thus constituted a Fifth Amendment taking...

The D.C. Circuit affirmed summary judgment for FWS in a lawsuit concerning its denial of a nonprofit group's permit applications to export four blue iguanas to a Danish zoo and to continue a captive-bred wildlife program at its Arizona facility. A district court saw no problem with FWS' denials and ...

The D.C. Circuit vacated EPA's authorization of the pesticide aldicarb for use on oranges and grapefruit in Florida. EPA had moved to remand without vacatur. The court found the Agency itself acknowledged it did not make an effects determination as required by §7(a)(2) of the ESA, and that it admit...

A district court denied nonprofit groups' motion for summary judgment in a challenge to EPA's failure to consult with FWS and NMFS before announcing a temporary nonenforcement policy in response to the COVID-19 pandemic. With the policy having since been terminated, the groups sought to compel EPA t...

A district court overrode the Biden Administration's objections to a lawsuit challenging President Trump's issuance of a presidential permit in 2019 for construction of a cross-border segment of the Keystone XL pipeline. Environmental groups argued the former president violated the Property Clause, ...

A district court denied Native American tribes' motion for a permanent injunction in an ongoing dispute concerning the Dakota Access pipeline. The tribes argued they were entitled to injunctive relief because the pipeline's continued operation was likely to cause them immediate, irreparable harm via...

A district court remanded to state court a climate liability lawsuit brought by the state of Connecticut against an oil company. Connecticut sued the company in state court, asserting eight claims under the Connecticut Unfair Trade Practices Act. The company removed the suit to federal court based o...

The Ninth Circuit affirmed summary judgment for DOI and a Native American tribe in a lawsuit brought by a nearby tribe challenging DOI's decision that the former tribe's proposed casino on newly acquired off-reservation land would not be detrimental to the surrounding community. The plaintiff tribe ...

The Eighth Circuit affirmed, 2-1, summary judgment for a mining company in a lawsuit concerning the company's operation of a coal mine in North Dakota. Owners of an adjacent ranch argued the company violated the CAA by failing to obtain the proper construction permit for the mine and failing to impl...

In an unpublished opinion, the D.C. Circuit affirmed dismissal of a challenge to FWS' failure to provide notice and comment on its guidelines for creating species status assessments. An environmental group had argued that FWS violated the ESA by failing to put the guidelines through notice and comme...