Environmental Protection Information Center v. Carlson
The Ninth Circuit reversed, 2-1, a lower court ruling denying a request to preliminarily enjoin a logging project in the Mendocino National Forest. An environmental group argued the Forest Service improperly determined that the project qualified for a categorical exclusion (CE) for road repair and m...
Ohio v. United States Environmental Protection Agency
The Sixth Circuit dismissed as moot a lawsuit seeking to preliminarily enjoin EPA's 2015 Clean Water Rule that clarified the definition of "waters of the United States" under the CWA. Ohio and Tennessee challenged the validity of the rule, arguing it extended the scope of the CWA beyond the reach of...
Standing Rock Sioux Tribe v. United States Army Corps of Engineers
The D.C. Circuit stayed a lower court ruling that ordered the Dakota Access Pipeline to be shut down and emptied of oil within 30 days. As to the pipeline company's motion to stay the order vacating the Army Corps of Engineers' issuance of an easement under the Mineral Leasing Act, however, it found...