In an en banc decision, the First Circuit affirmed in part and reversed in part summary judgment for an environmental group in a CWA citizen suit against developers of a construction site in Massachusetts. The group argued the developers violated the CWA by failing to comply with the construction ge...

The Ninth Circuit affirmed summary judgment for FWS in a challenge to its 2016 Kenai Rule, which banned baiting of brown bears in the Kenai National Wildlife Refuge and hunting of coyotes, lynx, and wolves in a specific wildlife recreation area. The state of Alaska and a hunting group argued the rul...

The Ninth Circuit affirmed a district court's denial of summary judgment for environmental groups in a challenge to the Forest Service's allowance of livestock grazing in the Stanislaus National Forest. The groups argued the grazing led to fecal matter runoff that polluted streams in the area, impai...

A district court denied environmental groups' motion for a temporary restraining order in a challenge to BLM's authorization of livestock grazing on pastures containing research natural areas (RNAs). The groups argued BLM's regulations required fencing to be installed to section off the RNAs so they...

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...

A district court granted in part environmental groups' motion for summary judgment in a challenge to BLM's issuance of a 2018 instruction memorandum on greater sage grouse conservation and and subsequent oil and gas lease sales in Nevada and Wyoming. Environmental groups argued the lease sales confl...

The Ninth Circuit, 2-1, reversed a district court ruling that set aside a land exchange agreement between the Secretary of the Interior and an Alaska Native village company that wished to build a road through Izembek National Wildlife Refuge to allow access to a nearby city. The district court had h...

A district court denied summary judgment for landowners in Idaho who sought to halt construction of a public recreational trail across their ranch. The landowners argued the Forest Service violated the ESA by failing to complete §7 consultation with FWS; the CWA by failing to disclose the nature of...

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 ...