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Oceana v. Bureau of Ocean Energy Management

A district court, in a memorandum opinion, dismissed environmental groups' lawsuit against the Bureau of Ocean Energy Management (BOEM) and the National Marine Fisheries Service (NMFS) for APA, NEPA, and ESA violations in connection with two lease sales in the area where the Deepwater Horizon spill ...

Merrick v. Diageo Americas Supply, Inc.

A district court held that the CAA does not preempt landowners' state common-law tort claims against a whiskey distillery for property damage. The landowners alleged that emissions from the distillery caused "whisky fungus" to grow on their property. The distillery filed a motion to dismiss, arguing...

National Ass'n of Home Builders v. U.S. Fish & Wildlife Service

A district court upheld two court-approved settlement agreements between environmental advocacy groups and the FWS in a multi-district litigation that require the agency to determine by certain deadlines whether to list 251 species as endangered or threatened under the ESA or find that listing these...