A district court denied the Biden Administration's motion to stay an ongoing climate change lawsuit brought by 21 young people. The U.S. government argued the suit must be stayed because there was a substantial likelihood the Ninth Circuit would grant its petition for mandamus. The court found the g...
The Ninth Circuit granted the Biden Administration's mandamus petition to dismiss an ongoing climate change lawsuit brought by 21 young people. Plaintiffs initially argued that the U.S. government, by failing to adequately respond to the threat of climate change, violated a "right to a stable climat...
The First Circuit affirmed summary judgment for the Bureau of Ocean Energy Management (BOEM) and NMFS in a challenge to BOEM's approval for construction of a wind power project off the coast of Massachusetts. A group of Nantucket residents argued NMFS violated the ESA by issuing a deficient biologic...
The First Circuit affirmed summary judgment for NMFS in a challenge to the Service's issuance of an incidental harassment authorization (IHA) for construction of a wind power project off the coast of Massachusetts. A part-time Martha's Vineyard resident argued NMFS' determination that the IHA, which...
A district court denied the state of Florida's motion for a limited stay of the court's prior ruling vacating EPA's approval of Florida's application to assume permitting authority under §404 of the CWA. Environmental groups initially sued, arguing EPA and FWS violated the ESA because neither the p...
A district court denied tribes' and conservation groups' request to preliminarily enjoin construction of a transmission line through the San Pedro Valley in Arizona. The plaintiffs argued BLM violated the National Historic Preservation Act when it authorized construction to begin without assessing t...
A district court denied summary judgment for Native American tribes in a challenge to EPA's approval of Minnesota's 2021 revised water quality standards. The revisions replaced quantitative standards with qualitative narrative standards that describe the characteristics Minnesota waters must have to...
The Third Circuit granted petitions to review FERC orders allowing the administrator of a 2024/2025 capacity auction to apply a new rule retroactively to a pending action to avoid a spike in electricity prices. Electric suppliers and their trade groups argued the orders violated the filed rate doctr...
A district court granted summary judgment for a conservation group in a challenge to the Natural Resource Conservation Service's (NRCS') 2020 rule regarding certification of maps delineating wetlands. The group argued NRCS changed its policy regarding pre-1996 wetland certifications without exercisi...
The Fourth Circuit affirmed a district court order remanding to state court two climate deception lawsuits against oil and gas companies. City and county governments in Maryland initially sued in state court, alleging the companies used and promoted fossil fuel products while knowing, concealing, an...