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Delaware Riverkeeper Network v. FERC

The D.C. Circuit upheld the dismissal of a lawsuit brought by an environmental group challenging FERC's funding structure. The group argued that the agency's funding structure created structural bias by incentivizing the agency to approve pipelines in order to seek larger appropriations from Congres...

Lipton v. EPA

The D.C. Circuit denied a newspaper reporter's motion for partial summary judgment to require EPA to publish calendar entries of the EPA Administrator's activities. The reporter argued that the Agency violated FOIA's reading-room provision by failing to make the Administrator's detailed calendar ava...

Center for Biological Diversity v. EPA

A district court granted in part but largely denied in part EPA's motion to dismiss a lawsuit filed by environmental groups alleging that EPA failed to consult with federal wildlife agencies before registering over 2,000 pesticide products. The groups argued that EPA violated the ESA by failing to e...

Center for Biological Diversity v. Export-Import Bank

The Ninth Circuit upheld a lower court decision rejecting environmental groups' claim that Export-Import Bank violated the ESA and the National Historic Preservation Act (NHPA). The groups argued that the agency failed to follow proper procedures set forth in the ESA and NHPA before approving financ...

Eli Lilly & Co. v. Arla Foods, Inc.

The Seventh Circuit upheld a preliminary injunction barring a global dairy conglomerate from making any claims in its advertisements that cheese from cows treated with recombinant bovine somato-tropin (rbST), an artificial growth hormone, is dangerous and unhealthy. The conglomerate launched an adve...