News & Analysis In the Courts

Volume 54 Issue 6

A district court denied summary judgment for Native American tribes in a challenge to EPA's approval of Minnesota's 2021 revised water quality standards. The revisions replaced quantitative standards with qualitative narrative standards that describe the characteristics Minnesota waters must have to...

Keywords:
Quality

A district court granted in part and denied in part animal rights groups' motion for summary judgment in a challenge to BLM's recent roundup of wild horses at the Pancake Complex in eastern Nevada. The groups argued BLM violated the Wild Free-Roaming Horses and Burros Act (WHA) by failing to approve...

Keywords:
Wild and Free-Roaming Horses and Burros Act

The Fifth Circuit vacated two orders EPA issued under TSCA that prohibited a plastics company from manufacturing or processing long-chain perfluoroalkyls (PFAS) during its fluorination process. In March 2022, EPA charged that the company's fluorination process was subject to a recently promulgated s...

Keywords:
Toxic Substances Control Act (TSCA)

The U.S. Supreme Court unanimously held that Texas property owners should be permitted to pursue claims under the Takings Clause through an inverse-condemnation cause of action available under Texas law. Over 120 property owners argued that a Texas highway elevation and expansion project, which buil...

Keywords:
Taking of private property

In an unpublished opinion, the Ninth Circuit affirmed in part and reversed in part summary judgment for FWS in a challenge to the Service's issuance of an incidental take regulation for polar bears living along Alaska's Beaufort Sea. Environmental groups argued FWS failed to satisfy the Marine Mamma...

Keywords:
Marine Mammal Protection Act

The U.S. Supreme Court unanimously held that the Takings Clause does not distinguish between legislative and administrative land use permit conditions, in a lawsuit concerning a traffic impact fee as a condition of building a prefabricated home on a parcel of land. The landowner challenged the fee a...

Keywords:
Taking of private property

A district court denied the state of Alaska's and North Slope Borough's challenge to NMFS' decision not to delist the Arctic ringed seal as an endangered species following their 2019 petition. The plaintiffs argued NMFS failed to credit new information from FWS' analysis, failed to credit the Interg...

Keywords:
Endangered Species Act (ESA)

A district court denied tribes' and conservation groups' request to preliminarily enjoin construction of a transmission line through the San Pedro Valley in Arizona. The plaintiffs argued BLM violated the National Historic Preservation Act when it authorized construction to begin without assessing t...

Keywords:
Energy (generally)

A district court denied summary judgment for conservation groups in a challenge to BLM's authorization of six lease sales for oil and gas development in the western United States. The groups argued BLM failed to take the requisite "hard look" when analyzing the cumulative impact of greenhouse gas em...

Keywords:
National Environmental Policy Act (NEPA), Federal Land Policy and Management Act (FLPMA)

A district court denied the state of Florida's motion for a limited stay of the court's prior ruling vacating EPA's approval of Florida's application to assume permitting authority under §404 of the CWA. Environmental groups initially sued, arguing EPA and FWS violated the ESA because neither the p...

Keywords:
Dredge and fill, §404