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...
National Family Farm Coalition v. U.S. Environmental Protection Agency
The Ninth Circuit granted in part one petition to review and denied another petition to review EPA's 2014, 2015, and 2017 decisions to register a pesticide that combines two chemicals—2,4-dichlorophenoxyacetic acid (2,4-D) choline salt and glyphosate—to kill weeds on corn, soybean, and cotton fi...
National Ass'n of Wheat Growers v. Becerra
A district court permanently enjoined a California Proposition 65 warning requirement on the weedkiller glyphosate. Agribusiness groups argued the law, which requires warning labels for products containing chemicals known to California to cause cancer, as applied to glyphosate compelled speech under...
Alford v. United States
The Federal Circuit reversed a Court of Federal Claims ruling that the U.S. government was liable for flooding private properties when it raised the water level of a lake in Mississippi to prevent a nearby levee from breaching. Landowners argued that raising the water level of the lake, which subseq...