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Center for Biological Diversity v. United States Forest Service

The Ninth Circuit affirmed dismissal of a lawsuit alleging the Forest Service was liable as a contributor under RCRA for failing to regulate use of lead ammunition by hunters in Kaibab National Forest. Environmental groups argued that, even though the Service's activity was not the direct source of ...

WildEarth Guardians v. United States Forest Service

The Ninth Circuit dismissed for lack of standing a challenge to the Forest Service's livestock grazing decisions in Colville National Forest. Environmental groups argued the decisions would lead to an increase in wolf attacks on livestock, which in turn would cause the Washington Department of Fish ...

Louisiana v. Biden

The Fifth Circuit dismissed Louisiana's challenge to the Biden Administration's interim estimates on the social cost of greenhouse gas emissions. Louisiana initially sought to preliminarily enjoin the interim estimates from being used, arguing they were procedurally invalid, arbitrary and capricious...

Commonwealth of Kentucky v. United States Environmental Protection Agency

A district court denied conservation groups' motion to intervene in a lawsuit concerning EPA's and the Army Corps of Engineers' rule defining the scope of the CWA. The groups sought intervention as of right, arguing they had "a significant, protectable interest" because they represent those who use ...

Fond Du Lac Band of Lake Superior Chippewa v. Cummins

A district court denied a mining company's motion to dismiss an Indian tribe's challenge to a land exchange between the company and the Forest Service. The tribe argued that the land exchange implicated its sovereign interests, including a right under an 1854 treaty to use the land for hunting, fish...

New Mexico v. United States Nuclear Regulatory Commission

The Tenth Circuit dismissed a petition to review NRC's grant of a temporary license for spent nuclear fuel storage near the New Mexico border. New Mexico argued NRC violated NEPA and the Nuclear Waste Policy Act, and acted ultra vires in granting the license. NRC moved to dismiss for lack of jurisdi...