The Ninth Circuit reversed summary judgment for FWS in a challenge to the Service's rule requiring that affected states receive a 30-day notice of intent to file a petition to list an endangered species. An environmental group argued that FWS violated the ESA by impermissibly requiring the 30-day no...

The Ninth Circuit remanded, 2-1, a rule EPA promulgated in 2019 in response to the court's 2017 writ of mandamus directing the Agency to respond to the need for updated lead-based paint hazard standards. Nonprofit groups argued the rule violated provisions of the the Residential Lead-Based Paint Haz...

In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a lawsuit concerning domestic sheep grazing in the Beaverhead-Deerlodge National Forest. Environmental groups argued the Service violated the National Forest Management Act, NEPA, and the APA by utilizin...

The First Circuit affirmed a district court's denial of a preliminary injunction in a challenge to the Army Corps of Engineers' decision to authorize construction of a segment of an electric transmission line project in Maine. Environmental groups argued the Corps' EA and FONSI violated NEPA because...

The U.S. Supreme Court held, 7-1, that an appellate court erred in concluding it lacked jurisdiction to consider all of energy companies' grounds for removing to federal court a climate liability lawsuit brought against them. The city of Baltimore sued in state court, arguing the companies concealed...

A district court granted an environmental group's motion for preliminary injunction in a challenge to FWS' alleged allowance of commercial horseshoe crab harvesting in the Cape Romain Wildlife Refuge. The group argued the Service violated the National Wildlife Refuge System Improvement Act (Refuge I...

A district court denied a Native American tribe's request to limit water releases from the Upper Klamath Lake to protect two endangered sucker fish species. The tribe argued that the Bureau of Reclamation's plan to regulate water in the Klamath Basin violated the ESA by allowing the lake's water lev...

A district court denied environmental groups' motion to intervene in a lawsuit concerning the president's Executive Order pausing new oil and gas lease sales on public lands. The groups maintained that their interests might not be adequately represented by the existing parties, arguing that although...

The Ninth Circuit reversed a district court's partial grant of summary judgment for cattle ranchers in a challenge to the Forest Service's decision to apply 1995 riparian mitigation measures to an allotment in the Beaverhead-Deerlodge National Forest. The ranchers argued that the Service's decision ...

In an unpublished opinion, the Fourth Circuit upheld the Army Corps of Engineers' decision to grant Maryland a CWA §404 permit for a mass transportation project. An environmental group and state residents argued that the Corps granted the permit without considering alternatives other than the optio...