The D.C. Circuit held that building and development associations lacked standing to challenge consent decrees that require FWS to determine, in accordance with a settlement-defined schedule, whether 251 species should be listed as endangered or threatened under the ESA. The case arose after environm...

The D.C. Circuit held that a home builders' association lacked standing to challenge EPA's and the U.S. Army Corps of Engineers' determination that two reaches of the Santa Cruz River in southern Arizona constitute "traditional navigable waters" (TNW) under the CWA. The court previously held in a si...

The Federal Circuit upheld a lower court decision dismissing on jurisdictional grounds a landowner's Fifth Amendment takings claim against the government in connection with a CWA permit denial. The lower court held that the complaint was barred by 28 U.S.C. §1500, which prohibits the U.S. Court of ...

The Fifth Circuit held that parties to the class action settlement agreement concerning economic and property damages stemming from the Deepwater Horizon oil spill may seek appellate review of district court decisions on individual claims. The district court had approved final rules governing discre...

A district court held that trade associations and nonprofit corporations representing members of the timber industry lack standing to challenge the Forest Service's 2012 planning rule governing development of individual land and resource management plans for the 155 national forests and 20 national ...

A district court held that an environmental group lacked standing to challenge a U.S. Army Corps of Engineers permit issued to an oil company to fill certain wetlands in the National Petroleum Reserve–Alaska for a future drill site. The group's members have not demonstrated the requisite injury in...

A district court dismissed an environmental group's citizen suit in which it alleged a power company was attempting to construct a major modification of its coal-fired power plant in Illinois without a PSD permit in violation of the CAA. The project will physically replace an existing boiler with a ...

A California court dismissed environmental groups' lawsuit against the California Department of Conservation, Division Oil, Gas and Geothermal Resources (DOGGR) for failing to comply with the California Environmental Quality Act in issuing permits for oil and gas wells that involve hydraulic fractur...

The D.C. Circuit dismissed Arizona's objection to a consent decree that established a timeline for EPA to approve a SIP, or promulgate a federal implementation plan (FIP), that would meet the requirements of the Regional Haze Rule. A lower court held that it lacked jurisdiction to hear the objection...

The Tenth Circuit held that landowners lacked standing to challenge two wind energy projects in Wyoming. FERC certified the projects under the Public Utilities Regulatory Policies Act, which seeks to promote renewable energy sources by requiring utilities to buy power from small facilities that meet...