A district court denied environmental groups' motion for partial summary judgment in a CAA citizen suit brought against a steel company concerning hydrogen sulfide and sulfur dioxide emissions at its production facilities in Pennsylvania. The groups argued the company repeatedly violated the CAA, th...
The Eleventh Circuit vacated a district court's dismissal of a challenge to a developer's filling of a wetland near its hotel in southeastern Georgia. An individual and environmental groups argued the developer did not comply with the CWA's permitting process because it filled the wetland for the pu...
A district court denied two former EPA science advisors’ motion to preliminarily halt the activities of the Agency’s Clean Air Scientific Advisory Committee. The advisors argued the committee violated the Federal Advisory Committee Act’s requirement that memberships be “fairly balanced” be...
A district court dismissed environmental groups’ challenge to the International Development Finance Corp’s (DFC’s) 2020 rule exempting itself from the Sunshine Act. The groups challenged the rule under the APA and the Sunshine Act itself, and sought an order declaring the DFC subject to the Su...
A district court dismissed as moot a lawsuit seeking to reinstate a permit for the Keystone XL oil pipeline to cross the U.S.-Canada border. Twenty-three states challenged the president's authority to revoke the permit, arguing the permitting decision concerned only international and interstate comm...
The First Circuit affirmed the Massachusetts Department of Environmental Protection's (MDEP's) decision to issue an air permit for a natural gas compressor station in Weymouth, Massachusetts. Neighboring cities and individuals argued MDEP failed to follow its own established procedures by eliminatin...
A district court granted summary judgment for the Bureau of Reclamation in a FOIA lawsuit brought by a company seeking summaries of certain water transfers. The company requested a summary of transfers taking place in 2020 under the Bureau's and San Luis & Delta-Mendota Water Authority's Long-Te...
The Second Circuit reversed in part and vacated in part a district court ruling that ordered EPA to disclose records pursuant to a FOIA request related to a former Agency official's role in pesticide policymaking. An environmental group submitted FOIA requests for the records, and EPA invoked the de...
A district court granted in part and denied in part NMFS' motion to dismiss a lawsuit seeking an expansion of the Service's 2008 Vessel Speed Rule to protect North Atlantic right whales. Conservation groups argued NMFS had unreasonably delayed its response to the groups' 2012 and 2020 petitions to e...
The Court of Federal Claims entered judgment for the U.S. government in a takings challenge against FWS for rerouting spring waters that had previously flowed through church property into a restoration channel in an effort to save a native fish species. The church argued the berm FWS installed upstr...