The Ninth Circuit upheld FWS' decision to end its 1987 sea otter translocation program. FWS created an experimental reserve population of southern sea otters some distance from the main population, but in 2012, FWS deemed the program a failure and terminated it. FWS' interpretation of the statute al...

A district court issued a preliminary injunction enjoining California from enforcing Proposition 65’s carcinogenicity warning requirement for glyphosate. On the evidence before the court, the required warning for glyphosate does not appear to be factually accurate and uncontroversial because it co...

A district court upheld the U.S. Department of Homeland Security's (DHS') decision to waive the legal requirements of NEPA, ESA, and CZMA for two border wall construction projects in San Diego, California. DHS made its waiver determination under §102 of the Illegal Immigration Reform and Immigrant ...

The Ninth Circuit held that NOAA did not go beyond its authority when it took climate change into account when considering the ESA status of the Arctic ringed seal. In 2012, NOAA listed the Arctic ringed seal as threatened based on projected sea ice loss. Oil and gas companies challenged the ruling,...

A district court held that EPA's year-long delay in implementing formaldehyde emission standards for domestically manufactured and imported composite wood products violated the Formaldehyde Standards in Composite Wood Products Act. The Act required EPA to issue implementing regulations no later than...

The Tenth Circuit ruled that an Oklahoma citizen has no claim against an oil company on allegations that his cancer was caused by decades of breathing benzene fumes from its oil refinery near his home. In 2011, the man was diagnosed with multiple myeloma. In 2016, he brought suit against the oil com...