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United States v. Ripplinger

The court affirms a district court grant of summary judgment to the government in an action brought to enforce a wetlands easement the government held on an individual's property. The government purchased the perpetual easement in 1967 for waterfowl management, and the individual acquired title to t...

New Jersey Conservation Foundation v. Federal Energy Regulatory Commission

A district court dismissed a constitutional challenge to FERC's issuance of certificates that stemmed from the agency's order granting a company the right to develop a natural gas pipeline. An environmental group argued that the agency's practices of issuing certificates that delegate the power of e...

Wildearth Guardians v. United States Fish and Wildlife Service

A district court granted in part environmental groups' motion for summary judgment in a challenge to FWS' administration of a wildlife export program under the Convention on International Trade in Endangered Species (CITES). The groups argued that the agency violated NEPA when it did not prepare an ...

Center for Biological Diversity v. Wheeler

A district court dismissed a challenge to EPA's amendment to the 2015 Effluent Limitations Guidelines Rule, which established new limits and standards for various types of waste streams discharged by steam electric power plants. Environmental groups argued that the amendment violated the ESA and NEP...

Western Watersheds Project v. Michael

A district court ruled unconstitutional two Wyoming statutes that impose criminal and civil penalties for data collection on private land or public land accessed via private land. Environmental groups argued that the statutes violated the Free Speech Clause of the First Amendment. The court found th...

United States

The U.S. Supreme Court denied the U.S. government's petition for a writ of mandamus in a lawsuit brought by a group of youths challenging the government's failure to act on climate change and asserting the right to a safe climate. The court found that the government's petition was unwarranted becaus...

United States v. Rapanos

The court affirms in part and reverses in part the sentence of an individual convicted for filling wetlands in violation of the Clean Water Act. The court first holds that the two-level downward departure granted by the district court was proper. The factors relied on by the district court were adeq...

United States v. Orr Water Ditch Co.

The court reverses and remands a district court decision that a town had neither forfeited nor abandoned water rights to 280 acre-feet of water from a federal water reclamation project on a Nevada lake. After acquiring surrounding water rights that had been historically used for irrigation, the town...

Wildearth Guardians v. United States Department of Justice

In an unpublished opinion, the Ninth Circuit vacated a district court's order granting summary judgment to environmental groups challenging DOJ's McKittrick policy. The groups argued before the district court that the policy, which directs prosecutors to request jury instructions with a heightened m...

Columbia Riverkeeper v. Pruitt

A district court ordered EPA to issue a temperature total maximum daily load (TMDL) under the CWA for the Columbia and Snake Rivers, which are native habitat for endangered and threatened salmon and steelhead populations. An environmental group argued that the Agency failed to issue a TMDL for the r...