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Energy & Environmental Legal Institute v. Epel

The Tenth Circuit upheld on constitutional grounds Colorado's mandate that 20% of the electricity that generators sell to Colorado consumers come from renewable sources. A conservative energy group claimed that the renewable energy standard will harm out-of-state coal producers in violation of the C...

Horne v. Department of Agriculture

The U.S. Supreme Court held that a USDA marketing order under the Agricultural Marketing Agreement Act of 1937 requiring raisin producers to participate in a raisin reserve program violates the Fifth Amendment's prohibition against taking property without just compensation. Under the marketing order...

National Ass'n of Home Builders v. United States Fish & Wildlife Service

The D.C. Circuit held that building and development associations lacked standing to challenge consent decrees that require FWS to determine, in accordance with a settlement-defined schedule, whether 251 species should be listed as endangered or threatened under the ESA. The case arose after environm...

National Ass'n of Home Builders v. Environmental Protection Agency

The D.C. Circuit held that a home builders' association lacked standing to challenge EPA's and the U.S. Army Corps of Engineers' determination that two reaches of the Santa Cruz River in southern Arizona constitute "traditional navigable waters" (TNW) under the CWA. The court previously held in a si...

Barnstable v. O'Connor

The First Circuit reversed a lower court decision dismissing a lawsuit concerning a proposed offshore wind power generation facility in Nantucket Sound. Opponents of the facility—a town, an advocacy group, and several individuals and businesses in the area—sought to nullify the state's approval ...

Resource Investments, Inc. v. United States

The Federal Circuit upheld a lower court decision dismissing on jurisdictional grounds a landowner's Fifth Amendment takings claim against the government in connection with a CWA permit denial. The lower court held that the complaint was barred by 28 U.S.C. §1500, which prohibits the U.S. Court of ...

In re Deepwater Horizon

The Fifth Circuit held that parties to the class action settlement agreement concerning economic and property damages stemming from the Deepwater Horizon oil spill may seek appellate review of district court decisions on individual claims. The district court had approved final rules governing discre...

Federal Forest Resource Coalition v. Vilsack

A district court held that trade associations and nonprofit corporations representing members of the timber industry lack standing to challenge the Forest Service's 2012 planning rule governing development of individual land and resource management plans for the 155 national forests and 20 national ...

In re Lipsky

The Supreme Court of Texas held that courts may consider all relevant circumstantial evidence when granting or denying an expedited motion to dismiss suits that could stifle a defendant's communication on matters of public concern under the Texas Citizens Participation Act (TCPA). The case arose aft...