A district court granted in part but largely denied in part EPA's motion to dismiss a lawsuit filed by environmental groups alleging that EPA failed to consult with federal wildlife agencies before registering over 2,000 pesticide products. The groups argued that EPA violated the ESA by failing to e...

The Ninth Circuit upheld a lower court decision rejecting environmental groups' claim that Export-Import Bank violated the ESA and the National Historic Preservation Act (NHPA). The groups argued that the agency failed to follow proper procedures set forth in the ESA and NHPA before approving financ...

A district court granted oil companies' motion to dismiss a lawsuit brought by the cities of Oakland and San Francisco alleging that the companies make and sell products that create a public nuisance—global-warming-induced sea-level rise—when combusted. The cities further alleged that the oil co...

The court holds that a California scrap metal company's stormwater discharge, stormwater pollution prevention plan (SWPPP), and monitoring and reporting plan (MRP) violated the Clean Water Act (CWA) and state water law. The court first holds that the company violated the CWA by failing to develop an...

The court holds that a district court properly granted summary judgment to state and private landowners that a Native American tribe sued under the Quiet Title Act (QTA) in an effort to assert ownership of a North Dakota lake, but that the district court lacked jurisdiction to grant summary judgment...

The court reverses a district court decision dismissing environmental groups' claim that the U.S. Forest Service's commercial timber harvest plans for the Norbeck Wildlife Preserve in South Dakota violate administrative law, the National Environmental Policy Act (NEPA), and the Norbeck Organic Act. ...

The court holds that the U.S. Environmental Protection Agency (EPA) Administrator's failure or refusal to find a Clean Water Act (CWA) violation or to take enforcement action against an Arizona wastewater treatment plant are discretionary decisions that are not subject to review under the CWA. After...

The court holds that a district court abused its discretion by modifying a consent decree between the U.S. Environmental Protection Agency (EPA) and an environmental group to include a requirement that EPA develop total maximum daily load (TMDL) implementation plans for the state of Georgia. The gro...

The court vacates a district court decision holding that the Endangered Species Act's (ESA's) take provision was a valid exercise of Congress' enumerated powers because the case does not present a case or controversy under Article III of the U.S. Constitution. An individual that pumps water from the...

The court holds that the owner of an Illinois Superfund site can bring a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 action against numerous third-party companies that allegedly contributed to the contamination at the site. The U.S. Environmental Protection A...