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El Paso, Texas v. Trump

A district court granted a motion to preliminarily enjoin the Trump Administration from using military funds to build portions of a border wall along the U.S.-Mexico border. El Paso County and a nonprofit group argued that the president's proposed plan for funding border barrier construction—diver...

Friends of the River v. National Marine Fisheries Service

In an unpublished opinion, the Ninth Circuit reversed in part and affirmed in part a summary judgment in favor of NMFS and the U.S. Army Corps of Engineers in a challenge against NMFS' 2014 opinions that reversed its decades-long approach to classifying water diversions and hydroelectric dams on the...

Oklahoma v. United States Environmental Protection Agency

The Tenth Circuit denied a motion to hold in abeyance a lawsuit concerning EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. It did decide, however, to consider whether to dismiss the case in light of the Trump Administration's repeal and eventual replacement of the rule, and therefor...

Western Watersheds Project v. Schneider

A district court denied a motion to dismiss or transfer a lawsuit concerning greater sage-grouse habitat management plans. Environmental groups argued that BLM violated NEPA, FLPMA, and the National Forest Management Act when it issued amendments to the plans that failed to take a range-wide analysi...

Natural Resources Defense Council, Inc. v. Perry

The Ninth Circuit affirmed a district court order directing DOE to publish four energy conservation standards in the Federal Register. Environmental groups and states argued that an agency regulation known as the error-correction rule imposed upon DOE a nondiscretionary duty to publish the standards...

Sierra Club v. United States Environmental Protection Agency

The Fifth Circuit upheld EPA's approval of Louisiana's SIP for controlling regional haze. Environmental groups challenged the approval of Louisiana's selection of low-sulfur coal over a more effective pollutant control as the best available retrofit technology to curb emissions at a coal-fired power...

Demoruelle v. Kucharski

A district court dismissed a lawsuit brought by a Hawaiian resident alleging that an early start to a county construction project harmed two endangered species—the Hawaiian hawk and Hawaiian hoary bat—in violation of the ESA. The resident argued that the county violated its EIS by allowing const...

Center for Biological Diversity v. Jewell

A district court vacated in part and remanded in part FWS' 2014 determination to remove the Rio Grande cutthroat trout from the ESA list of endangered and threatened wildlife. An environmental group argued that FWS failed to adequately explain why it used different methodologies in its 2008 and 2014...

Hardwick v. 3M Co.

A district court denied chemical manufacturing companies' motions to dismiss a lawsuit seeking industry funds to study the human health impacts of per- and polyfluoroalkyl substances (PFAS). An ex-firefighter argued that the companies' production of PFAS caused him to be exposed to the substances, a...

Center for Biological Diversity v. U.S. Army Corps of Engineers

A district court denied a motion for summary judgment against the U.S. Army Corps of Engineers and Customs and Border Protection for failure to disclose under FOIA information related to construction of a wall along the Mexican border. An environmental group argued the agencies improperly withheld i...