Oakland v. BP P.L.C.
A district court on remand granted San Francisco's and Oakland's motion to remand to state court the cities' lawsuits alleging that six oil companies produce and promote products that create a public nuisance—sea-level rise—when combusted. The court previously denied the motion, finding that eva...
Missouri v. Biden
The Eighth Circuit affirmed a district court's dismissal of states' challenge to the Biden Administration's interim estimates on the social costs of greenhouse gas emissions. The states had sought to preliminarily enjoin federal officials, departments, and agencies from using the estimates "as bindi...
Plaquemines Parish v. Chevron USA
The Fifth Circuit affirmed a district court's order remanding back to state court a lawsuit brought against oil companies concerning their operations during World War II. Louisiana parishes initially filed suit in state court, arguing the companies had violated Louisiana's State and Local Coastal Re...
Animal Legal Defense Fund v. Reynolds
A district court granted summary judgment for nonprofit groups in a challenge to an Iowa statute aimed at preventing them from recording images or videos of conditions in slaughterhouses and other animal facilities. The groups argued that the statute impermissibly restricted their First Amendment fr...
NextEra Energy Capital Holdings, Inc. v. Lake
The Fifth Circuit affirmed in part and reversed in part a district court’s dismissal of a lawsuit concerning a 2019 Texas law that allows only owners of existing transmission lines in the state to build, own, or operate new lines that connect to existing lines. A company seeking to enter the state...
Racing Enthusiasts and Suppliers Coalition v. Environmental Protection Agency
The D.C. Circuit dismissed for lack of standing a petition to review a 2016 EPA rule concerning greenhouse gas emissions and fuel efficiency standards for medium- and heavy-duty engines and vehicles. A coalition representing businesses that make and sell aftermarket car products challenged the rule'...
Chevron U.S.A., Inc. v. Environmental Protection Agency
The D.C. Circuit dismissed an oil company's petition to review EPA's response concerning the decommissioning status of two oil platforms off the California coast. The company initially asked EPA for guidance on whether, as the process moves forward, the platforms would cease to qualify as regulated ...
Waterkeeper Alliance, Inc. v. Regan
The D.C. Circuit vacated a district court's grant of summary judgment to EPA in a challenge to the Agency's approval of a permitting program for coal ash disposal facilities in Oklahoma. Environmental groups challenged EPA’s approval on several grounds under RCRA and the APA, and the district cour...
Humane Society of the United States v. United States Department of Agriculture
The D.C. Circuit held, 2-1, that an agency must provide notice and an opportunity for public comment when withdrawing a rule that has been filed for public inspection but not yet published in the Federal Register. In January 2017, USDA announced it had finalized a rule designed to protect show horse...