Administrative Procedure Act (APA)

A district court granted summary judgment for NMFS in a challenge to a 2019 rule requiring turtle excluder devices on skimmer trawl vessels greater than 40 feet in length in inshore waters. The…

The U.S. Tax Court granted in part four North Carolina partnerships' cross-motion for summary judgment in a challenge to penalties the Internal Revenue Service (IRS) sought to impose on them…

The D.C. Circuit held, 2-1, that an agency must provide notice and an opportunity for public comment when withdrawing a rule that has been filed for public inspection but not yet published in the…

A district court granted in part and denied in part NMFS' motion to dismiss a lawsuit seeking an expansion of the Service's 2008 Vessel Speed Rule to protect North Atlantic right whales…

The Ninth Circuit affirmed dismissal of a lawsuit concerning guidance issued by EPA recommending a statistical method for assessing water toxicity. Trade groups argued the Agency violated the APA…

A district court granted summary judgment for environmental groups in a challenge to EPA's decision to make its Regulatory Science rule effective immediately upon publication in the Federal…

A district court vacated DOI's decision to enter into a land exchange agreement to facilitate construction of a road through Izembek National Wildlife Refuge in Alaska. Environmental groups…

A district court denied summary judgment to an environmental group in a lawsuit concerning the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) obligations under the…

A district court held that a 2017 EPA directive that prohibited scientists in receipt of certain EPA grants from serving on the Agency's federal advisory committees was arbitrary and…

A district court vacated grazing permits renewed by former Interior Secretary Ryan Zinke in response to a presidential pardon of a ranching company's prior criminal convictions. Environmental…