The D.C. Circuit granted in part petitions to review the Federal Communications Commission's (FCC's) order regarding the adequacy of the Commission's guidelines for exposure to radiofrequency (RF) radiation. Environmental groups argued the FCC violated the APA by failing to acknowledge evidence of n...
A district court granted summary judgment for an environmental group in a challenge to EPA's regulations for oil spill dispersants. The group argued that EPA violated the CWA by failing to issue a final rule updating the NCP for addressing oil spills in light of new information showing the chemicals...
The Ninth Circuit affirmed summary judgment for the Army Corps of Engineers in a challenge to the Corps' proposed plans for dredging the San Francisco Bay's navigation channels. The San Francisco Bay Conservation and Development Commission argued the Corps' refusal to comply with its conditions abou...
The D.C. Circuit granted in part and denied in part a challenge to FERC's orders addressing complaints over the results of a 2015 auction for electrical capacity in Illinois. A public interest group had complained the auction had resulted in electricity rates that were unjust and unreasonable, that ...
A district court granted EPA's motion to remand without vacatur the Clean Water Act Section 401 Certification Rule., full_html...
A district court granted partial summary judgment for environmental groups in a CWA citizen suit concerning water quality standards for mercury in Idaho. The groups argued that EPA's failure to promptly publish and promulgate mercury standards after disapproving Idaho's revision of those standards v...
A district court granted summary judgment for environmental groups in an ongoing dispute over a Hawaii county's release of pollutants into injection wells at a wastewater reclamation facility near the Pacific Ocean. The groups argued the county violated the CWA by failing to obtain an NPDES permit f...
The Ninth Circuit upheld FERC's denial of an environmental group's motion to intervene in post-licensing deadline extension proceedings for a hydroelectric project in California. The group had argued that FERC violated Rule 214 of the Commission's regulations in denying intervention and §6 of the F...
The Wisconsin Supreme Court held, 4-2, that the Wisconsin Department of Natural Resources (WDNR) had the explicit authority to impose an animal unit maximum condition and an off-site groundwater monitoring condition on a Wisconsin Pollutant Discharge Elimination System (WPDES) permit it reissued to ...
A district court granted in part and denied in part the city of Berkeley's motion to dismiss a challenge to its recently enacted ordinance affecting the availability of natural gas in new construction within the city. A restaurant group argued the ordinance was federally preempted by the Energy Poli...