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Friends of Maine's Mountains v. Board of Environmental Protection

Maine's highest court vacated a state permit authorizing the construction of a wind turbine project on Saddleback Mountain. Twenty-one days before the state environmental agency approved the permit, the state's environmental board adopted an amendment that, among other changes, lowered the nighttime...

Filippone v. Iowa Department of Natural Resources

An Iowa appellate court affirmed the dismissal of a minor's petition asking the Iowa Department of Natural Resources to adopt new rules regarding the emission of greenhouse gases in the state. She first argued that the state agency acted unreasonably in denying the proposed rule because Iowa's Inali...

In re Polar Bear Endangered Species Act Listing

The D.C. Circuit affirmed a lower court decision upholding FWS' listing of the polar bear as threatened under the ESA, in part due to the effects of global climate change. Below, a number of industry groups argued that the listing rule is arbitrary and capricious under the APA and that FWS' action s...

Patriot Mining Co. v. Sierra Club

A West Virginia court reversed a decision by the state environmental quality board in which it remanded a NPDES permit for a mining company to the state environmental agency for further review and analysis. The board's decision not to defer to the state agency's interpretation of water quality stand...

Schmeer v. County of Los Angeles

A district court upheld a county ordinance prohibiting retail stores from providing plastic carryout bags and requiring them to charge customers 10 cents for each paper carryout bag provided. The paper carryout bag charge is not a tax under the California Constitution because the charge is payable a...