Center for Food Safety v. Vilsack
The Ninth Circuit upheld the Animal Plant and Health Inspection Service's (APHIS') unconditional deregulation of Roundup Ready Alfalfa (RRA), a genetically modified plant that allows farmers to control weeds through herbicide application without harming the alfalfa plant. APHIS correctly concluded t...
Blue Ridge Environmental Defense League v. Nuclear Regulatory Commission
The D.C. Circuit denied petitions for review challenging NRC's issuance of a combined license to construct and operate two new units at the Vogtle Nuclear Power Plant in Georgia as well as its approval of an amended design for a nuclear power plant reactor on which the Vogtle application relied. Env...
Bowman v. Monsanto Co.
The U.S. Supreme Court held that patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission. A seed manufacturer invented and patented Roundup Ready soybean seeds, which contain a genetic alteration that allows them...
Kentucky Riverkeeper, Inc. v. Rowlette
The Sixth Circuit struck down the U.S. Army Corps of Engineers' reissuance of nationwide permit 21, which authorizes surface coal mining operations to discharge dredged and fill material into waters of the United States. An environmental group challenged the permit, alleging that the cumulative-impa...
Conservation Northwest v. Sherman
The Ninth Circuit held that a court may not approve a consent decree that substantially and permanently amends regulations that the agency could only otherwise amend by complying with statutory rulemaking procedures. The consent decree at issue in the case arose from a settlement between environment...