The Tenth Circuit held that FWS has the authority under the Commerce Clause to regulate the take of the Utah prairie dog. A group of property owners challenged FWS's authority to use the ESA to prohibit take of the Utah prairie dog, an intrastate species, on nonfederal land. A district court granted...

A district court ruled that a Virginia power plant is not liable for CWA penalties associated with its release of coal ash into nearby waters. The case concerns coal ash piles that leached arsenic and other heavy metals into groundwater that contaminated the Elizabeth River and Deep Creek. An enviro...