The Tenth Circuit affirmed dismissal of a challenge to FWS' 2018 decision to modify certain trails in the Rocky Flats National Wildlife Refuge. Community groups argued the modifications were significant and that FWS failed to prepare a supplemental EIS and relied on categorical exclusions based on a...

In an unpublished opinion, the Ninth Circuit granted in part environmental groups' petition to review EPA's registration of a new fungicide called inpyrfluxam. The groups argued EPA failed to make an effects determination under §7(a)(2) of the ESA and to consult with federal wildlife agencies, and ...

A district court granted summary judgment for conservation groups in a challenge to NMFS' 2021 issuance of a biological opinion (BiOp) and final rule concerning lobster fishing gear requirements and the endangered North Atlantic right whale. The groups argued the BiOp violated the ESA by allowing fo...

The First Circuit vacated a district court order preliminarily enjoining NOAA's partial seasonal closure of a Maine lobster fishery to protect endangered North Atlantic right whales. A fishing union argued the closure was an arbitrary and capricious application of the Marine Mammal Protection Act, a...

The Iowa Supreme Court, 4-3, affirmed a summary judgment order dismissing a landowner's nuisance, trespass, and drainage claims against a neighboring confined animal feeding operation (CAFO). The neighboring CAFO moved for summary judgment based on the statutory immunity enacted in Iowa's "right-to-...

A district court dismissed a challenge to FWS rules delaying the effective date of a January 2021 rule that designated portions of Washington, Oregon, and California as critical habitat for the northern spotted owl. A trade group and counties throughout the Pacific Northwest sought to vacate the "de...

A district court vacated a series of regulations enacted in 2019 that modified how FWS and NMFS implement the ESA. Environmental groups, states, and cities argued the regulations violated the ESA, the APA, and NEPA. FWS and NMFS moved to remand without vacatur, arguing vacatur would cause confusion ...

The Ninth Circuit granted in part and denied in part a petition to review EPA's determination that glyphosate did not pose "any unreasonable risk to man or the environment." Nonprofit groups challenged the Agency's determination, arguing that EPA did not adequately consider whether the weedkiller ca...

The Federal Circuit reversed a Court of Federal Claims ruling that the U.S. government was not liable for the flooding of homes near two Houston dams managed by the U.S. Army Corps of Engineers during Hurricane Harvey. Property owners downstream of the Addicks and Barker Dams argued that the governm...

The Massachusetts Supreme Court affirmed a lower court's denial of an oil and gas company's motion to dismiss a civil enforcement action brought by the Massachusetts attorney general (AG) based on the company's communications with investors and consumers concerning the impact of climate change. The ...