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Wild Fish Conservancy v. Quan

In an unpublished opinion, the Ninth Circuit reversed a lower court's vacatur of an incidental take statement (ITS) issued by NMFS authorizing a troll fishery in Alaska to harvest Chinook salmon despite potential reduction in prey for the endangered southern resident killer whale, and affirmed its d...

Schaffner v. Monsanto Corp.

The Third Circuit reversed a ruling that held FIFRA did not preempt state-law tort duties to include a cancer warning on a weedkiller label. A landscaper had argued the agrochemicals company that produces the weedkiller violated Pennsylvania law by omitting the cancer warning from its label. The app...

Sinclair Wyoming Refining Co. LLC v. Environmental Protection Agency

In a per curiam opinion, the D.C. Circuit dismissed in part and denied in part challenges to EPA's 2022 denial of pending Renewable Fuel Standard (RFS) exemption petitions filed by small refineries. EPA had determined the only costs relevant to showing economic hardship were those caused by complian...

Huntsman Petrochemical LLC v. Environmental Protection Agency

The D.C. Circuit denied a chemical manufacturer's and two trade groups' petitions to review EPA's 2020 rule regulating emissions from miscellaneous organic chemical manufacturing facilities. The petitioners challenged EPA's assessment of cancer risk from exposure to ethylene oxide emissions. The cou...