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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...
American Chemistry Council v. Environmental Protection Agency
The D.C. Circuit granted EPA's motion to dismiss an industry group's challenge to interim lifetime health advisories for two per- and polyfluoroalkyl substances in drinking water. The court found that the group identified alleged harm facing an indirect subsidiary of one of its members, but failed t...
Center for Food Safety v. Regan
The Ninth Circuit granted in part and denied in part petitions to review EPA's 2019 amended registration of the pesticide sulfoxaflor. Environmental groups alleged that the registration, which unconditionally approved new uses of sulfoxaflor requested by the company that created the pesticide, viola...
District of Columbia v. Exxon Mobil Corp.
A district court granted the District of Columbia's motion to remand to state court a consumer protection lawsuit against energy companies. The District sued in state court, arguing the companies knowingly misrepresented the effects of fossil fuel products to consumers through misleading advertiseme...
Oakland v. BP P.L.C.
A district court on remand granted San Francisco's and Oakland's motion to remand to state court the cities' lawsuits alleging that six oil companies produce and promote products that create a public nuisance—sea-level rise—when combusted. The court previously denied the motion, finding that eva...