The Michigan Court of Appeals held that a class action case involving the Flint water crisis can proceed. Citizens of Flint formed a class and sued Michigan officials for their "deliberate" decision to expose them to toxic water from the Flint River. The citizens alleged that their due process right...

The First Circuit held that stormwater running off parking lots and other paved surfaces at Harvard, MIT, and other Boston-area universities will remain unregulated even though it may be polluting the Charles River and its tributaries. An environmental group sought to compel EPA to regulate the disc...

The Eleventh Circuit held that the Miami Seaquarium’s treatment of a captive orca named Lolita doesn’t seriously threaten her life. Animal activists sued the aquarium, alleging it is perpetrating an unlawful “take” by “harm[ing]” or “harass[ing]” Lolita in violation of the ESA. A dis...

The Ninth Circuit held that FWS did not violate the Migratory Bird Treaty Act (MBTA) when it authorized the taking of the barred owl to help the recovery of the spotted owl. The spotted owl was listed as endangered under the ESA in 1990, and it was later determined that one of the factors affecting ...

The Ninth Circuit held that portions of Idaho’s Agricultural Security Act violate the First Amendment. The law, enacted after a secretly-filmed expose of operations at an Idaho dairy farm went live on the internet, broadly criminalizes making misrepresentations to access an agricultural production...