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Mexican Gulf Fishing Co. v. United States Department of Commerce

The Fifth Circuit reversed summary judgment for NOAA and NMFS in a challenge to the agencies' rule requiring charter boat owners to install NMFS-approved vessel monitoring systems (VMSs) to track the vessels' GPS locations. Charter boat captains argued the rule's tracking requirement exceeded the au...

New Mexico v. United States Nuclear Regulatory Commission

The Tenth Circuit dismissed a petition to review NRC's grant of a temporary license for spent nuclear fuel storage near the New Mexico border. New Mexico argued NRC violated NEPA and the Nuclear Waste Policy Act, and acted ultra vires in granting the license. NRC moved to dismiss for lack of jurisdi...

Yurok Tribe v. U.S. Bureau of Reclamation

A district court granted summary judgment for BLM, fishing groups, and a tribe in a challenge to the Oregon Water Resources Department's (OWRD's) order prohibiting the Bureau from releasing water from Upper Klamath Lake. The plaintiffs argued BLM was required to comply with the ESA in operating the ...

Alaska Wildlife Alliance v. U.S. Fish and Wildlife Service

A magistrate judge recommended that environmental groups' motion for summary judgment be denied in a challenge to FWS' authorization of oil and gas drilling on the northern coast of Alaska. The groups argued that FWS' five-year incidental take regulation, accompanying biological opinion, and EA unla...

Foresight Coal Sales, LLC v. Chandler

The Sixth Circuit reversed a district court's denial of a preliminary injunction in a lawsuit concerning a Kentucky law that offsets the state's severance tax on coal. A coal producer from Illinois, where there is no severance tax, argued the law discriminated against out-of-state coal in violation ...

Center for Biological Diversity v. Haaland

A district court granted in part and denied in part a mining company's motion to dismiss a lawsuit concerning a proposed open-pit copper-nickel mine in northeastern Minnesota. Environmental groups argued FWS and the Army Corps of Engineers violated the ESA by failing to reinitiate consultation in re...

American Chemistry Council v. Environmental Protection Agency

The D.C. Circuit granted EPA's motion to dismiss an industry group's challenge to interim lifetime health advisories for two per- and polyfluoroalkyl substances in drinking water. The court found that the group identified alleged harm facing an indirect subsidiary of one of its members, but failed t...