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Swan View Coalition v. Haaland

A district court adopted in part, modified in part, and rejected in part a magistrate judge's findings and recommendations in a challenge to FWS' biological opinion (BiOp) for Flathead National Forest's 2018 revised land management plan. Environmental groups argued FWS and the Forest Service violate...

Electric Energy, Inc. v. Environmental Protection Agency

The D.C. Circuit dismissed petitions to review EPA actions applying and enforcing regulations that govern disposal of coal combustion residuals (CCRs). Owners and operators of coal-fired power plants argued EPA's actions amended existing legislative rules governing disposal of CCRs and that the Agen...

Cascadia Wildlands v. Scott Timber Co.

The Ninth Circuit affirmed a district court's permanent injunction in an ESA citizen suit concerning a proposed timber harvesting project on private property in Oregon. Environmental groups argued the project would cause a "take" of marbled murrelets in violation of the ESA by clearing acres of tree...

Center for Biological Diversity v. National Marine Fisheries Service

In an unpublished per curiam judgment, the D.C. Circuit affirmed summary judgment for NMFS in a challenge to the Service's 2019 rule regarding turtle excluder devices. Environmental groups argued the final rule was not adequately explained, that it was not a logical outgrowth of the proposed rule th...