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Penobscot Nation v. Mills

A district court granted in part and denied in part cross-motions for summary judgment in a dispute between a Native American tribe and the state of Maine concerning the tribe's regulatory jurisdiction and fishing rights along the main stem of the Penobscot River. The court agreed with the tribe tha...

McCarthy

The Fourth Circuit granted EPA's petition for a writ of mandamus to preclude an energy company from deposing EPA Administrator Gina McCarthy in a lawsuit seeking to compel EPA to evaluate the CAA's impacts on jobs under §321(a). High-ranking government officials may not be deposed or called to test...

North Coast Rivers Alliance v. Kawamura

A California appellate court, in an unpublished opinion, held that the California Department of Food and Agriculture's environmental impact report (EIR) for a seven-year program to control the light brown apple moth, an invasive pest, violated the California Environmental Quality Act (CEQA). The age...

Animal Legal Defense Fund v. United States Department of Agriculture

The Ninth Circuit, in an unpublished opinion, reversed and remanded a lower court decision dismissing an animal rights group's lawsuit concerning foie gras produced from the livers of force-fed poultry. The group had petitioned USDA's Food Safety and Inspection Service (FSIS) to ban such foie gras. ...

Center for Biological Diversity v. California Department of Fish & Wildlife

The Supreme Court of California held that the state fish and wildlife agency violated the California Environmental Quality Act (CEQA) and the California Fish and Game Code when it approved a large development project in northwest Los Angeles County. The agency prepared an environmental impact report...

Owner-Operator Independent Drivers Ass'n v. Environmental Protection Agency

The D.C. Circuit dismissed a truck association's lawsuit against EPA challenging California's tractor-trailer emission rules. The association argued that the state regulations impermissibly discriminate against out-of-state tractor trailers in violation of the dormant Commerce Clause. The associatio...