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In re Border Infrastructure Environmental Litigation

A district court upheld the U.S. Department of Homeland Security's (DHS') decision to waive the legal requirements of NEPA, ESA, and CZMA for two border wall construction projects in San Diego, California. DHS made its waiver determination under §102 of the Illegal Immigration Reform and Immigrant ...

Public Citizen v. Trump

A district court held that public interest and environmental groups lacked standing to challenge the "two-for-one" executive order issued by President Trump on January 30, 2017. The order requires executive branch agencies to identify two existing regulations to be repealed for every new regulation,...

Patchak v. Zinke

The U.S. Supreme Court upheld the 2014 Gun Lake Trust Land Reaffirmation Act, which reaffirmed as trust land certain property on which a Native American tribe wished to build a casino and provided that any future or pending actions relating to that land should be dismissed. Congress enacted the Gun ...

People of California v. BP P.L.C.

A district court held that San Francisco and Oakland, California, may not remove back to state court their climate change public nuisance actions against several oil companies. The defendants—the largest cumulative producers of fossil fuels worldwide—timely invoked federal common law as a ground...

Horsehead Indus., Inc. v. Paramount Communications, Inc.

The court holds that a New York state court declaratory judgment requiring the owner of a contaminated site to indemnify the former owner of the site for all environmental costs arising from the current owner's purchase is sufficiently final to be given preclusive effect in federal court despite the...

Home Builders Ass'n of N. Cal. v. Napa, City of

The court affirms a trial court decision that a California city's inclusionary zoning ordinance requiring the development of affordable housing does not violate the federal and state Takings Clauses and does not violate the federal Due Process Clause. The ordinance requires that 10% of all newly con...

Headwaters, Inc. v. Talent Irrigation Dist.

The court holds that an herbicide's U.S. Environmental Protection Agency (EPA)-approved label under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) did not eliminate an irrigation district's obligation to obtain a national pollutant discharge elimination system (NPDES) permit under t...

Hill v. Norton

The court reverses a district court decision that the Secretary of the Interior properly excluded the mute swan from the list of migratory birds protected by the Migratory Bird Treaty Act (MBTA). The individual challenging the Secretary's decision to exclude the mute swan from the list of protected ...

Nathan Kimmel, Inc. v. Dowelanco

The court holds that Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a company's state-law claims against a competing pesticide manufacturer for intentionally interfering with the company's prospective economic advantage. When using the manufacturer's product, food and medicine ...

Headwaters v. U.S. Forest Serv.

The court holds that res judicata bars an environmental group's suit against the U.S. Forest Service for allegedly failing to comply with the National Environmental Policy Act (NEPA), the National Forest Management Act (NFMA), and the Administrative Procedure Act in preparing timber sales in the Rog...