United States v. California
A district court denied the U.S. government summary judgment in a lawsuit concerning California's cap-and-trade agreement with Quebec. The government argued the agreement was conflict preempted by the foreign affairs doctrine because it created an obstacle to the effectuation of the Global Climate P...
Baptiste v. Bethlehem Landfill Co.
The Third Circuit reinstated a lawsuit concerning noxious odors emanating from a landfill in Pennsylvania. A proposed class of residents living within a 2.5-mile radius of the landfill brought public and private nuisance claims, arguing the odors and other air contaminants interfered with the use an...
Buffalo Field Campaign v. United States Department of the Interior
A district court granted in part and denied in part cross-motions for summary judgment in a lawsuit seeking FOIA disclosure of records concerning Yellowstone National Park's policy on the size of its bison population. A nonprofit group argued that the National Park Service (NPS) unlawfully withheld ...
Natural Resources Defense Council v. Bodine
A district court granted EPA's cross-motion for summary judgment in a lawsuit concerning the Agency's issuance of a temporary policy that scaled back enforcement efforts during the COVID-19 pandemic. Environmental justice, public health, and public interest groups petitioned EPA to issue an emergenc...
Board of County Commissioners of Boulder County v. Suncor Energy (U.S.A.) Inc.
The Tenth Circuit affirmed a district court ruling that remanded to state court a climate change lawsuit against oil companies for contributing to global warming-related damage in Colorado. Three local government entities argued before state court that they faced substantial and rising costs to prot...