The Ninth Circuit affirmed in part and vacated in part a district court's dismissal of a county's complaint in long-standing litigation over appropriation of water in the Walker River Basin. The county argued the public interest and maintenance of the public trust required that water flows reach Wal...

The D.C. Circuit vacated three provisions of EPA's 2018 rule implementing NAAQS for ozone. Environmental groups challenged four provisions of the rule: the interprecursor trading program, a provision allowing states to demonstrate compliance with the CAA's "reasonable further progress" milestone req...

The U.S. Supreme Court granted the Biden Administration's request to cancel arguments and suspend further proceedings in a lawsuit concerning the Trump Administration's plans to build a border wall along the U.S.-Mexico border., full_html...

A district court granted a motion to preliminarily enjoin FWS from implementing its policy barring the release of captive red wolves into a recovery area in North Carolina. Environmental groups argued FWS violated §7(a)(2) of the ESA by failing to ensure that its actions were not likely to jeopardi...

A district court granted summary judgment for environmental groups in a challenge to EPA's decision to make its Regulatory Science rule effective immediately upon publication in the Federal Register. The groups argued EPA's decision violated the APA's 30-day notice requirement after publication of a...

A district court denied a motion for preliminary injunction in a challenge to DOI's approval of a mine expansion in Montana. Conservation groups argued the Department's EIS failed to sufficiently consider the cumulative impacts of mining on local water resources, failed to consider a reasonable rang...

The D.C. Circuit affirmed in part and reversed in part a lower court order vacating a Mineral Leasing Act easement issued by the Army Corps of Engineers for the Dakota Access Pipeline and directing the pipeline to be shut down. Native American tribes argued the Corps' issuance of the easement withou...

A district court denied an animal rights group's motion for summary judgment in a challenge to permits and safe harbor agreements (SHAs) issued by FWS for an experiment on nonfederal land to gain data on the relationship between barred owl removal and northern spotted owl recovery. The group argued ...

A district court granted the U.S. government's motions for preliminary injunction and temporary restraining order in a lawsuit concerning owners' care of animals at two facilities in Oklahoma.The government sought an order declaring the owners had violated the ESA and the Animal Welfare Act (AWA); e...

The D.C. Circuit vacated EPA's Affordable Clean Energy Rule that repealed and replaced the Clean Power Plan as a means of regulating power plants' greenhouse gas emissions. A group of public health petitioners sought review of the rule's conclusion that §7411 of the CAA only permitted emission redu...