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Ohio Valley Environmental Coalition v. Consol of Kentucky

A district court held that a coal company violated the CWA and SMCRA by discharging excessive amounts of selenium into the waters of West Virginia. The company argued that the environmental group's lawsuit should be dismissed because it had already entered into a consent decree with the state enviro...

Gabrielli v. New Paltz

A New York appellate court reversed a lower court decision annulling a local law aimed at preventing the despoilation and destruction of wetlands and watercourses. The lower court ruled that the town enacted the law in violation of New York's State Environmental Quality Review Act (SEQRA), but the a...

SPRAWLDEF v. San Francisco Bay Conservation & Development Comm'n

A California appellate court upheld the issuance of a county permit for a landfill expansion project in the Suisun Marsh, part of the San Francisco Bay tidal estuary. Environmental groups claimed that the permit approvals violate the Sonoma County Local Protection Plan and, specifically, a county or...

North Dakota v. Heydinger

A district court held that Minnesota's New Generation Energy Act, which establishes energy and environmental standards related to carbon dioxide emissions, constitutes impermissible extraterritorial legislation and is a per se violation of the dormant Commerce Clause. The statute's plain language ap...

In re Regional Greenhouse Gas Initiative

A New Jersey appellate court held that the state's Department of Environmental Protection violated the New Jersey APA when it withdrew from the Regional Greenhouse Gas Initiative (RGGI) program. In 2011, the state posted a notice on the Department's website that is was withdrawing from the RGGI prog...

WildEarth Guardians v. Bureau of Land Management

A district court held that environmental groups' NEPA and FLPMA claims against BLM in connection with its decision to lease two coal tracts in Wyoming's Powder River Basin lack merit. The groups alleged that BLM violated the statutes because the agency failed to adequately consider the impacts on lo...

Oceana v. Bureau of Ocean Energy Management

A district court, in a memorandum opinion, dismissed environmental groups' lawsuit against the Bureau of Ocean Energy Management (BOEM) and the National Marine Fisheries Service (NMFS) for APA, NEPA, and ESA violations in connection with two lease sales in the area where the Deepwater Horizon spill ...

San Luis & Delta-Mendota Water Authority v. Jewell

The Ninth Circuit, in a 170+ page opinion, reversed in part and affirmed in part a lower court decision invalidating the FWS' 2008 biological opinion (BiOp) that concluded that the Central Valley Project (CVP) would jeopardize the continued existence of the delta smelt and its habitat. The project s...