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In re Operation of the Mo. River Sys. Litig.

The court refuses to reinstate a contempt order against the U.S. Army Corps of Engineers (the Corps) penalizing the agency $500,000 a day if it did not comply with a separate order requiring the Corps to lower water flow levels in the Missouri River. The judicial panel on multidistrict litigation tr...

South Dakota Farm Bureau, Inc. v. Hazeltine

The court holds that §21 of Article XVII to the South Dakota Constitution, which prohibits corporations or syndicates from acquiring or obtaining an interest in land used for farming and from otherwise engaging in farming in South Dakota, violates the dormant U.S. Commerce Clause of the U.S. Co...

Center for Biological Diversity v. U.S. Forest Serv.

The court reverses and remands a district court's approval of a final environmental impact statement (EIS) that failed to discuss and respond to seven scientific studies casting doubt on the U.S. Forest Service's conclusion that northern goshawks are habitat generalists. In response to the Forest Se...

Engine Mfrs. Ass'n v. South Coast Air Quality Management Dist.

The U.S. Supreme Court held that certain aspects of local fleet rules do not escape preemption under CAA §209(a) simply because they address the purchase of vehicles rather than their manufacture or sale. The fleet rules prohibit the purchase or lease of vehicles by fleet operators that do not ...

Department of Transp. v. Public Citizen

The U.S. Supreme Court held that the Federal Motor Carrier Safety Administration (FMCSA) did not violate NEPA, relevant CEQ regulations, or the CAA when it failed to evaluate the environmental impact of increased cross-border operations of Mexican motor carriers in its EA because any environmental i...

Defend the Bay v. Irvine, City of

A California appellate court denied an environmental group's petition to compel a city to rescind its approval of an environmental impact report (EIR) for the development of a former military base despite the group's claims of insufficient evidence to support conclusions regarding impacts in housing...

Baxter Healthcare Corp. v. Denton

A California appellate court held that a health care company adequately established that its chemical plasticizer (DEHP) posed no significant risk of causing cancer in humans and, thus, was exempt from warning requirements under the California Safe Drinking Water and Toxic Enforcement Act (Propositi...

Maintain Our Desert Env't v. Apple Valley, Town of

A California appellate court held that a lower court did not err when it denied an environmental group's writ seeking to set aside approval of a development project because the town did not comply with the California Environmental Quality Act (CEQA). The group had standing to seek a writ because it ...

Citizens Against the Pellissippi Parkway Extension v. Mineta

The Sixth Circuit held that a district court improperly failed to vacate or modify an injunction that prevented the Federal Highway Administration (FHwA) from revisiting its decision regarding a highway extension. An environmental group sued to enjoin construction, stating that the project required ...

National Comm. for the New River v. Federal Energy Regulatory Comm'n

The D.C. Circuit held that FERC complied with NEPA in approving a company's application for a certificate of public convenience and necessity to construct a pipeline extension through Southwest Virginia and North Carolina. FERC's process for ventilating and analyzing potential environmental impacts ...