The Tenth Circuit, 2-1, granted in part an environmental group's challenge to EPA's approval of a Colorado SIP revision certifying that the state's existing, EPA-approved nonattainment new source review permitting program for the Denver Metro-North Front Range area met the requirements for attaining...
The Ninth Circuit affirmed denial of fishing rights to the Lummi Nation in a long-running dispute over rights in certain waters in northern Washington. The Swinomish Indian Tribal Community, the Tulalip Tribes, and the Upper Skagit Indian Tribe argued that the recognized fishing rights of the Lummi ...
A district court granted summary judgment for environmental groups in a challenge to FWS' 12-month finding and determination that the eastern hellbender did not warrant listing as a threatened or endangered species under the ESA. The groups argued FWS failed to articulate a rational and legal basis ...
A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to the Forest Service's and FWS' approval of a logging project in Kootenai National Forest. The groups argued, among other things, that the Services failed to take a "hard look" at th...
A district court granted in part summary judgment for an environmental group in a challenge to EPA's issuance of recommended water quality criteria for cadmium in 2016. The group argued EPA violated the ESA by failing to consult with expert agencies before issuing the recommended criteria. The Agenc...
A district court granted environmental groups' motion for summary judgment in a challenge to FWS' decision not to designate critical habitat for the rusty patched bumble bee. The groups argued the Service had not established that the bee would not benefit from the designation, and that it failed to ...
A district court granted in part and denied in part FWS' motion to dismiss a challenge to the alleged failure to preserve gray wolves. An environmental group argued the Service violated §4(f) of the ESA because it never developed or implemented a single recovery plan for the 44-state listing of all...
The Tenth Circuit affirmed in part and vacated in part EPA's partial approval and partial disapproval of Wyoming's SIP addressing emissions at coal-fired power plants to reduce regional haze. EPA approved the SIP as to the Naughton plant, but disapproved it for the Wyodak plant, and substituted, thr...
The Tenth Circuit denied environmental groups' petition to review approval of Utah's July 2019 revised SIP addressing regional haze. The groups argued EPA abused its discretion by approving the SIP because Utah's alternative measure did not satisfy CAA national visibility goals, and that the Agency ...