The D.C. Circuit denied states' and industry groups' petitions challenging EPA rules establishing CAA permitting requirements in states that do not have implementation plans for greenhouse gases. The rules were designed to ensure that a permitting authority was available to issue the required greenh...

A California appellate court held that the California Air Resources Board (CARB) violated the California APA and the California Environmental Quality Act (CEQA) when it adopted its Low Carbon Fuel Standards (LCFS) regulations to reduce the carbon content of transportation fuels sold, supplied, or of...

The D.C. Circuit vacated an EPA rule that deferred regulation of biogenic carbon dioxide—non-fossil-fuel carbon dioxide sources such as ethanol—for three years. Although the "Deferral Rule" is a temporary regulation, it functions, in effect, as a permanent exemption from the PSD permitting requi...

A district court held unlawful BLM's methodology for assessing the impact of federal actions on the northern spotted owl as well as its failure to offer for sale a declared amount of timber from two western Oregon districts. Under the Oregon and California Lands Act of 1937 (O&C Act), once BLM d...

A district court granted environmental groups' motion to intervene in a landowner's lawsuit challenging FWS' critical habitat designation for the dusky gopher frog in portions of Louisiana and Mississippi. The landowner, who owns property that falls within the designation, argued that the designatio...