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United States v. Ameren Missouri

A district court ordered an electric utility company to obtain a PSD permit to address CAA violations at its coal-fired power plant in Festus, Missouri. EPA argued that the company increased the risk of negative health impacts and premature deaths by releasing excess tons of sulfur dioxide from its ...

New York v. Environmental Protection Agency

The D.C. Circuit vacated EPA's 2018 update to the Cross-State Air Pollution Rule (CSAPR). States and environmental groups argued that EPA violated the CAA by failing to require upwind states to reduce their contribution of ozone precursors to downwind states in accordance with the deadline by which ...

National Audubon Society v. United States Army Corps of Engineers

A district court granted summary judgment to the U.S. Army Corps of Engineers in a challenge to the Corps' approval of construction of a terminal groin to mitigate shoreline erosion in a North Carolina town. A conservation group first argued that the third-party contractor who submitted the permit a...

Berner v. Montour Township Zoning Hearing Board

A state high court reversed a lower court decision in a lawsuit over a hog farmer's application for a special zoning exception to construct a livestock manure storage facility. The farmer argued that a a local zoning ordinance setting forth criteria that must be met to obtain approval for the facili...

Southeast Alaska Conservation Council v. United States Forest Service

A district court preliminarily enjoined the U.S. Forest Service from allowing any timber harvesting, road construction, or other ground-disturbing activities associated with the Service's authorization of a timber sale in Tongass National Forest. Environmental groups, whose members use areas that wo...

Protect Our Communities Foundation v. LaCounte

The Ninth Circuit affirmed a summary judgment in favor of the Bureau of Indian Affairs (BIA) and its approval of an industrial-scale wind facility in southern California. A conservation group argued that BIA improperly relied on BLM's EIS for the project because BIA failed to explain its decision no...

WildEarth Guardians v. United States Fish and Wildlife Service

A district court granted in part a motion for summary judgment in a challenge to FWS' 2012 biological opinions concerning protections for the threatened Mexican spotted owl. An environmental group argued the opinions, which concluded that timber management activities proposed by the U.S. Forest Serv...

Pacific Coast Federation of Fishermen's Ass'ns v. Glaser

The Ninth Circuit reversed the dismissal of a lawsuit concerning a tile drainage system in the San Joaquin Valley that discharged agricultural drainage into navigable waters without an NPDES permit. Fishermen and conservation groups argued the district court erred by placing the burden on them of pr...

PennEast Pipeline Co., LLC

The Third Circuit vacated a district court decision granting a gas pipeline company's orders of condemnation and preliminary injunctive relief for immediate access to properties along the pipeline route that had been preserved by New Jersey for recreational, conservation, and agricultural use. New J...