Western Watersheds Project v. Michael
A district court held that environmental and animal rights groups may challenge the constitutionality of two trespass statutes passed by the Wyoming legislature in 2015. Under the statutes—one imposing criminal liability and the other imposing civil—a person will be held liable if he or she: (1)...
Center for Biological Diversity v. United States Forest Service
The Ninth Circuit, in an unpublished opinion, held that environmental groups have standing to bring a RCRA citizen suit against the U.S. Forest Service for failing to regulate the disposal of spent lead ammunition in the Kaibab National Forest. The groups allege that the Forest Service's failure to ...
Kirk v. Schaeffler Group USA, Inc.
A district court held that an individual may go forward with her toxic tort claims against the successor to a manufacturing company that released trichloroethylene (TCE) into the environment near her childhood home. The plaintiff alleges she was exposed to the TCE, which caused her to develop severa...
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...
Foster v. United States Environmental Protection Agency
A district court denied in part and granted in part EPA's motion to dismiss property owners' lawsuit challenging the constitutionality of an EPA compliance order under CWA §309. EPA determined that, in the course of developing the property, the owners discharged dredge and fill materials into water...