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Center for Community Action & Environmental Justice v. BNSF Railway Co.

The Ninth Circuit upheld the dismissal of environmental groups' RCRA citizen suit against a railroad company seeking to enjoin the emission of particulate matter found in diesel exhaust from the company's railyards. RCRA’s citizen suit provision permits any person to sue the owner or operator of a...

Markle Interests, LLC v. United States Fish & Wildlife Service

A district court upheld FWS' designation of 1,544 acres of a privately owned tree farm in Louisiana as critical habitat essential for the conservation of the dusky gopher frog, an endangered species. The frog, listed in 2001, is located only in Mississippi; it does not presently occupy the tree farm...