Administrative Procedure Act (APA)

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…

The D.C. Circuit dismissed a challenge to a 2018 EPA memo that interpreted §112 of the CAA to mean that major sources of toxic emissions could reclassify to area sources and thereby ease their…

The U.S. Supreme Court upheld the Auer doctrine, deferring to the Department of Veterans Affairs' interpretation of an ambiguous regulation in a lawsuit concerning disability benefits. A…

A district court granted California's and New Mexico's motion for summary judgment in an APA challenge to DOI's repeal of the Valuation Rule and its restoration of prior regulations…