The U.S. Supreme Court, 5-4, granted states' and industry groups' application for an emergency stay of a district court ruling that had vacated the 2020 Clean Water Act 401 Certification Rule. In a dissenting opinion, Justice Kagan asserted the states and groups had failed to show they would suffer ...

A district court dismissed as moot a challenge to EPA's and the Army Corps of Engineers' 2015 Clean Water Rule interpreting the phrase "waters of the United States." Ohio and Tennessee argued the 2015 rule improperly expanded the definition of "waters of the United States," giving the agencies the p...

The Ninth Circuit affirmed summary judgment for FWS in a challenge to its barred owl removal experiment, which was designed to protect the threatened northern spotted owl. Environmental groups argued FWS violated the ESA by issuing a permit that failed to provide a "net conservation benefit," and NE...

A district court denied summary judgment for a class of Gulf of Mexico for-hire charter boat owners and operators in a challenge to NMFS' 2020 rule requiring them to submit electronic fishing reports and use GPS tracking systems for all fishing trips. Plaintiffs argued NMFS violated the APA's notice...

A district court vacated and remanded FWS’ 2020 rule that removed the gray wolf from the ESA list of endangered and threatened wildlife. Environmental groups argued FWS violated the ESA by failing to analyze gray wolves across the entire lower 48 states and based its delisting decision on the purp...

A district court denied advocacy groups' motion to preliminarily enjoin BLM's gather of wild horses in eastern Nevada. The groups argued BLM violated the Wild Free-Roaming Horses and Burros Act by not developing a herd management area plan, which resulted in an inhumane gather process; violated NEPA...

The Fourth Circuit vacated and remanded FWS' biological opinion and incidental take statement for a proposed natural gas pipeline from West Virginia to Virginia. Environmental groups argued FWS failed to adequately consider the pipeline's environmental context while analyzing impacts to the endanger...

A Minnesota appellate court affirmed in part and reversed in part the Minnesota Pollution Control Agency's (MPCA's) issuance of a permit for a copper-nickel mine in northeastern Minnesota that would allow discharging water from mine facilities. Environmental groups and a tribal band argued the MPCA ...

The Washington Supreme Court upheld the Washington Department of Fish and Wildlife's issuance of a marine finfish aquaculture permit to allow a fish farmer to transition from farming Atlantic salmon to steelhead trout. Conservation groups argued the Department's conclusion that an EIS was not requir...