A district court vacated three pesticide registrations issued by EPA in 2020 for "over-the-top" application of dicamba products manufactured by agrochemical companies. Environmental groups argued EPA violated FIFRA by unconditionally issuing "new use" registrations for over-the-top use of dicamba on...

The Eleventh Circuit vacated a district court's conclusion that FIFRA expressly preempted a state failure-to-warn claim brought by a Georgia landowner against the manufacturer of the weedkiller Roundup. The landowner argued the weedkiller caused his cancer and sued the manufacturer for failing to wa...

A district court denied nonprofit groups' motion for summary judgment in a challenge to FWS' 2016 decision to delist the Louisiana black bear after determining its population had recovered and was no longer threatened. The groups argued FWS should not have included the Upper Atchafalaya River Basin ...

A district court granted NMFS' motion to dismiss a challenge to its lobster fishing gear regulations. Environmental groups argued the regulations did not adequately protect the endangered North American right whale, in violation of the ESA and the Marine Mammal Protection Act. NMFS moved to dismiss ...

The Fourth Circuit reversed a district court order abstaining from ruling on constitutional claims brought by mineral interest owners challenging amendments to West Virginia's oil and gas conservation law. Plaintiffs argued the amendments, which for the first time authorized "unitization of interest...

A district court denied an environmental group's motion for summary judgment in a challenge to the Forest Service's approval of a restoration project in Okanogan-Wenatchee National Forest. The group argued the Service violated NEPA and its implementing regulations in designing, analyzing, and implem...

A district court granted the state of Louisiana's request to block EPA and DOJ from imposing disparate impact mandates under Title VI of the Civil Rights Act. The state argued the agencies were attempting to create disparate impact mandates under Title VI by regulation without having authority to do...

A district court granted environmental groups' motion to lift a stay of a suit challenging NMFS' biological opinion (BiOp) concerning oil and gas activity in the Gulf of Mexico. The groups initially argued NMFS issued a flawed BiOp that underestimated the risks of harm to protected species and took ...

A district court dismissed a RCRA citizen suit over a closure plan for a coal-fired power plant in Alabama. An environmental group challenged the plan, arguing it was unlawful to permanently store over 21 million tons of coal ash and toxic pollutants in the existing unlined impoundment, situated in ...