The Third Circuit affirmed a district court ruling that the U.S. government was not liable to a coatings company for cleanup costs at a chromite ore processing plant with which it was involved during World War I and World War II. The district court concluded the government was not subject to operato...
The D.C. Circuit ordered the Federal Aviation Administration and the National Park Service to issue regulations for commercial sightseeing flights over 23 national parks. Nonprofit groups sought to compel the agencies to regulate air tours at seven parks where they had injured members, as required b...
The U.S. Supreme Court affirmed in part and vacated in part the Montana high court's ruling in a lawsuit concerning cleanup actions across a 300-square-mile Superfund site in Butte. Landowners whose properties are located within the site brought trespass, nuisance, and strict liability claims under ...
A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to EPA's approval of an Oklahoma program regulating the disposal of coal combustion residuals. The groups argued that EPA failed to perform its statutory duty under RCRA to develop an...
A district court held that a railroad company was not required to obtain a local permit to repair its tracks in the Columbia River Gorge National Scenic Area. The company argued that the ICC Termination Act preempted the permitting and preclearance process established by a county where the gorge is ...
A district court denied horse advocacy and environmental groups' motion for summary judgment in a lawsuit concerning BLM's proposal to remove wild horses from public lands in southeastern Nevada. The groups challenged BLM's 2008 land use plan that determined the area would not be managed for wild ho...
The D.C. Circuit dismissed a Native American tribe's petition to review a FERC order denying the tribe's motion to intervene in the Commission's proceeding over construction of a natural gas pipeline in Massachusetts. The tribe argued that, in authorizing construction of a pipeline across land that ...
Marine litter is human-created waste that has been discharged into the marine environment, including glass, metal, plastics, and other debris. According to data compiled by the United Nations, the equivalent of a garbage truck filled with plastic is dumped into the ocean every minute—more than 8 million metric tons per year. On November 11, 2019, the Environmental Law Institute hosted an expert panel that explored recent U.S.
The D.C. Circuit held that USDA's failure to issue animal welfare standards to protect birds pursuant to the Animal Welfare Act (AWA) violated the APA. Animal rights groups argued that USDA's longstanding failure to promulgate standards for birds was arbitrary and capricious, and sought to compel th...