Grunewald v. Jarvis
The D.C. Circuit upheld the National Park Service's (NPS') deer management plan for Rock Creek National Park in Washington, DC. The plan involves the killing of white-tailed deer to reduce the herd to an ecologically sustainable level. An animal rights group argued that NPS failed to comply with the...
Suction Dredge Mining Cases
A California court held that federal mining law preempts a state law that effectively bans the use of any vacuum or suction dredge mining in streams and rivers on federal lands. Under Cal. Fish & Game Code §5653, the use of any vacuum or suction dredge equipment by any person in any river strea...
Chesapeake Climate Action Network v. Export-Import Bank
A district court held that environmental groups lack standing to challenge the U.S. Export-Import Bank's approval of a $90 million loan guarantee that supports a three-year, $100 million loan from a private bank to a coal exporter. The groups argued that the Bank's guarantee, which allows the coal c...
SWEPI, LP v. Mora County, New Mexico
A district court, in a 199-page opinion, struck down a local county ordinance banning oil-and-gas drilling, including hydraulic fracturing, within Mora County, New Mexico. Portions of the ordinance essentially provide that corporations have no federal constitutional rights. For example, the ordinanc...
Beatty v. Washington Fish & Wildlife Commission
A Washington appellate court upheld a state agency's decision to issue a hydraulic mining permit to an individual on the condition that he limit his suction dredging operations within a specified two-week work period. The individual engages in "placer" mining—searching for gold that has moved away...
W.E. Partners II, LLC v. United States
The Court of Federal Claims held that a company that funded construction of an open-loop biomass facility to provide steam for a chicken rendering plant's electricity needs is entitled to reimbursement costs under the American Recovery and Reinvestment Act (ARAR), but only for costs associated with ...