The Fourth Circuit vacated a biological opinion the National Marine Fisheries Service (NMFS) prepared as part of EPA's reregistration process for three pesticides—chlorpyrifos, diazinon, and malathion. The biological opinion concluded that the pesticides would jeopardize the viability of certain P...

The Federal Circuit affirmed a lower court decision dismissing an individual's regulatory takings claim against the Bureau of Indian Affairs (BIA) for refusing to replace a bridge he used to access portions of land he leased from the Colorado River Indian Tribes. The individual did not claim that th...

The Texas Supreme Court held that the Texas Clean Air Act (TCAA) preempts a city ordinance prohibiting a company from moving its concrete-crushing operations to a new location. The TCAA provides that a municipal ordinance may not prohibit any acts approved or authorized by the Texas Commission on En...

The Seventh Circuit held that memos and emails exchanged between two sections of the DOJ Environment and Natural Resources Division should not be disclosed as part of a FOIA request in an underlying Superfund case. A company challenging the proposed consent decree and seeking contribution from the U...