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Wild Fish Conservancy v. Jewell
The Ninth Circuit dismissed a conservation group's lawsuit challenging DOI's diversion of water from Icicle Creek, a tributary of the Wenatchee River and the Columbia River, to the Leavenworth National Fish Hatchery without a state permit. The group argued that DOI violated §8 of the Reclamation Ac...
California Chamber of Commerce v. California Air Resources Board
A California court issued a tentative decision upholding the California Air Resource Board's (CARB's) authority to sell greenhouse gas allowances at auction under the California Global Warming Solutions Act of 2006, also known as Assembly Bill 32 (AB 32). The court tentatively agreed that the auctio...
Lemire v. State
The Supreme Court of Washington upheld an administrative order the state environmental agency issued to a farmer, directing him to take several steps to curb pollution of a creek that runs through his property. A lower court invalidated the order, ruling that it was unsupported by substantial eviden...
Wisconsin Resources Protection Council v. Flambeau Mining Co
The Seventh Circuit reversed a lower court decision finding a Wisconsin mine operator liable under the CWA for discharging copper into navigable waters without a permit. The CWA's permit shield provision provides that if a NPDES permit holder discharges pollutants in accordance with the terms of its...
Entergy Nuclear Vermont Yankee LLC v. Shumlin
The Second Circuit upheld a lower court's permanent injunction barring the state of Vermont from bringing an enforcement action, or taking other action, to compel the Vermont Yankee nuclear power plant to shut down after its license expires on March 21, 2012, if it fails to obtain legislative approv...
Conservation Force v. Jewell
The D.C. Circuit denied petitions to downlist the straighthorned markhor, a subspecies of wild goat found in Pakistan, from endangered to threatened. The petitioners—safari clubs, hunters, and international conservationists—argued that FWS violated the ESA and APA by failing to issue a 12-month ...
Litgo New Jersey, Inc. v. New Jersey Department of Environmental Protection
The Third Circuit, in a case involving a contaminated site in New Jersey, affirmed in part and reversed in part a lower court decision finding the former owner of the site liable to the current owner under CERCLA but not RCRA. The lower court ruled that the current owner's claim for injunctive relie...