A district court granted an oil company's motion for a temporary restraining order barring environmental activists from entering a 1,000 meter "safety zone" around three drilling…
The Eighth Circuit held that a U.S. Army Corps of Engineers jurisdictional determination (JD) is a final agency action under the APA, thereby creating a split between the circuits. The case arose…
A district court dismissed a town's Massachusetts Oil and Hazardous Material Release Prevention and Response Act claim against the corporate spinoffs of Old Monsanto, the sole manufacturer of…
A Massachusetts court dismissed residents' lawsuit seeking a declaratory judgment that the state's environmental agency failed to comply with §3(d) of the Global Warming Solutions Act (…
The Third Circuit upheld a lower court decision dismissing, on standing grounds, a doctor's claim challenging the constitutionality of a Pennsylvania law that limits a doctor's ability…
An Ohio court struck down a city's ban on drilling new oil and gas wells within its jurisdiction. On the one hand, the ban is a clear exercise of the city's police power; by attempting…
The U.S. Supreme Court held that federal agencies need not follow the APA's formal notice-and-comment procedures when they wish to change an interpretive rule. In Paralyzed Veterans of…
An Arizona court overturned the state's issuance of an air permit for a proposed open-pit copper mine. An environmental group argued that the state's approval of the permit was arbitrary…
The Ninth Circuit upheld the dismissal of a trucking association's federal preemption challenge to a California environmental regulation on diesel trucks. The regulation requires heavy-duty…
A district court denied a conservative nonprofit advocacy group's motion for spoliation sanctions against EPA for its mishandling of the group's FOIA request, but nevertheless scolded…