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Massachusetts v. Pritzker

A district court granted summary judgment in favor of NMFS in a lawsuit filed by Massachusetts and New Hampshire challenging the agency's decision to promulgate Frameworks 48 and 50 regulating New England’s Multispecies Fishery under the Magnuson-Stevens Fishery Conservation and Management Act. Th...

Natural Resources Defense Council v. Jewell

The Ninth Circuit held that the Bureau of Reclamation should have consulted with FWS or NMFS on impacts to the threatened delta smelt prior to renewing long-term water contracts pertaining to California's Central Valley Project. ESA §7(a)(2) requires such consultation so long as the agency has “s...

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...

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 ...