Building Industry Ass'n of the Bay Area v. United States Department of Commerce
A district court held that NOAA Fisheries adequately considered economic impacts when it designated 8.6 million acres in California, Oregon, and Washington as critical habitat for the green sturgeon, a threatened species. Developers argued that the agency was required to balance the economic impacts...
Michigan v. United States Army Corps of Engineers
A district court dismissed a lawsuit brought by five states seeking an order requiring the U.S. Army Corps of Engineers to create physical barriers in the waterways connecting Lake Michigan and the Mississippi River Basin in order to prevent bighead and silver carp from migrating into the Great Lake...
Oil Spill by the Oil Rig "Deepwater Horizon"
A district court dismissed claims against the manufacturer of the chemical dispersant used in response to the Deepwater Horizon oil spill in the Gulf of Mexico. Cleanup responders and coastal residents filed suit against the manufacturer, claiming they suffered a variety of exposure-related injuries...
United States v. Orr Water Ditch Co.
A district court upheld a Nevada water engineer ruling allowing a city to change the manner and place of use of surface water rights. A Native American tribe filed a petition challenging the decision, arguing that the ruling was against the public interest because the groundwater underlying the city...
Hillside Environmental Loss Prevention, Inc. v. United States Army Corps of Engineers
The Tenth Circuit upheld a U.S. Army Corps of Engineers dredge and fill permit allowing a railroad company to build a terminal on land outside Kansas City, Kansas, that contains streams and wetlands. Environmental groups argued the Corps inadequately considered alternatives to the selected site unde...
Surfrider Foundation v. California Regional Water Quality Control Board
A California appellate court upheld a regional water board's approval of a NPDES permit to build a desalination facility on the coast of Carlsbad, California. An environmental group argued that the board improperly required the facility to restore wetlands in lieu of implementing site, design and te...