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WildEarth Guardians v. Haaland

A district court granted summary judgment for an environmental group in a challenge to FWS' decision not to list the Joshua tree as threatened under the ESA. The group challenged the Service's findings that Joshua trees were not threatened under either the five threat factors or throughout a signifi...

Food & Water Watch v. U.S. Environmental Protection Agency

The Ninth Circuit vacated an NPDES permit issued by EPA for concentrated animal feeding operations in Idaho. Environmental groups argued the permit lacked sufficient monitoring provisions to ensure compliance with its "zero discharge" requirements for production and land-application areas. The court...

Inland Empire Waterkeeper v. Corona Clay Co.

The Ninth Circuit, 2-1, vacated and remanded a district court ruling in a CWA citizen suit concerning a clay manufacturer's discharges. Environmental groups argued the manufacturer illegally discharged pollutants into navigable waters, failed to monitor the discharge as required by its NPDES permit,...

Louisiana v. Department of Commerce

A district court granted the state of Louisiana's motion for preliminary injunction to delay the effective date of NMFS' 2019 rule requiring turtle excluder devices on certain skimmer trawl vessels operating in inshore waters. The state argued the effective date was arbitrary and capricious because ...

Enbridge Line 3 Replacement Project in Minnesota Kittson, Marshall, Pennington, Polk, Red Lake, Clearwater, Hubbard, Wadena, Cass, Crow Wing, Aitkin, St. Louis, and Carlton Counties Section 401 Water Quality Certification

A Minnesota appellate court affirmed the Minnesota Pollution Control Agency's (MPCA's) decision to issue a CWA §401 certification for the Line 3 crude oil pipeline replacement project. Native American tribes and environmental groups challenged the decision, arguing the MPCA failed to consider alter...