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Sauk-Suiattle Indian Tribe v. Seattle, City of

The Ninth Circuit affirmed a district court's denial of a Native American tribe's motion to remand to state court, and the dismissal of, its challenge to the city of Seattle's operation of a dam on the Skagit River. The tribe initially sued Seattle in state court, alleging that operation of the dam ...

Center for Biological Diversity v. Environmental Protection Agency

The D.C. Circuit, 2-1, granted a joint motion to hold in abeyance four petitions to invalidate pesticide registration orders issued by EPA. Conservation groups initially petitioned the court for vacatur and remand of five registrations for failure to comply with the ESA. The parties then jointly req...

Waterkeepers Chesapeake v. Federal Energy Regulatory Commission

The D.C. Circuit vacated a license issued by FERC for operation of a hydroelectric dam on the Susquehanna River in Maryland. The state of Maryland issued a CWA §401(a)(1) certification to the dam's operator in 2018 with conditions. The operator challenged the certification, and the parties reached ...