A district court upheld EPA's decision to withdraw a proposed rule that would have required concentrated animal feeding operations (CAFOs) to provide information to the Agency to help facilitate EPA's ability to regulate their discharge of pollutants into the waters of the United States under the CW...

A district court, on motions for summary judgment, held that the Bureau of Indian Affairs (BIA) complied with NEPA and other statutes when it approved a tribe's application for a proposed gaming facility and hotel fee-to-trust acquisition project in Yuma, California. BIA prepared an EIS for the prop...

A district court upheld Oregon's clean fuels program, which seeks to reduce lifecycle emissions of greenhouse gases (GHG) from transportation fuels by 10% over a 10-year period. Trade associations argued that the program was unconstitutional because it discriminates against out-of-state commerce. Bu...

The Ninth Circuit held that California's commercial fishing fees for nonresidents violates the Privileges and Immunities Clause of the U.S. Constitution. California's commercial fishing license fees are significantly higher for out-of-state fishers than for residents. For example, California residen...

The Supreme Court of Ohio held that a regional sewer district has the authority to create and impose fees for a stormwater management program. The applicable statute authorizes the sewer district to collect, treat, and dispose of "waste water," defined as "any storm water and any water containing se...