The Ninth Circuit granted in part environmental groups' petition to review EPA's decision refusing to revise technology-based effluent limits, guidelines, and standards (ELGs) for certain industries previously promulgated under the CWA. The groups challenged EPA's decision refusing to revise ELGs fo...
The Fifth Circuit granted industry groups' challenge to EPA's 2024 rule that revised the equation for calculating vehicle fuel economy for purposes of the Corporate Average Fuel Economy (CAFE) standards and required manufacturers to certify fuel economy using E10 test fuel, containing 10% ethan...
A district court denied summary judgment for a citizen group in a challenge to NMFS' issuance of incidental harassment authorizations (IHAs) and a letter of authorization (LOA) to wind developers off the coast of New York and New Jersey. The group argued the IHAs and LOA, which authorize take o...
A district court vacated its preliminary injunction in an environmental groups' challenge to the Army Corps of Engineers' issuance of a dredge-and-fill permit for a dam expansion project in Colorado. It previously remanded with vacatur the Corps' record of decision, final EIS, and permit, enjoined f...
The Ninth Circuit reversed a district court's dismissal of a challenge to BLM's authorization of construction on a transmission line through the San Pedro Valley. Native American tribes and environmental groups argued BLM violated the National Historic Preservation Act by issuing limited notices to ...
The Fifth Circuit dismissed environmental groups' petition to review an EPA rule granting Louisiana primary enforcement authority over Class VI underground carbon sequestration wells. The groups petitioned under the SDWA's review provision, and the state and its Department of Energy and Natural Reso...
A district court granted summary judgment for an environmental group in a challenge to FWS' 2023 12-month finding that Joshua trees were not warranted for listing under the ESA for the "foreseeable future." The group argued FWS violated the ESA because it failed to use best available science, i...
A district court enjoined construction on a dam expansion project in Colorado in environmental groups' challenge to the Army Corps of Engineers' issuance of a dredge and fill permit. The court previously held the Corps failed to comply with the CWA and NEPA when it issued the permit. The court subse...
The Sixth Circuit denied environmental groups' petition to review the Tennessee Department of Environment and Conservation's (TDEC's) order issuing a water quality certification for a proposed fossil gas pipeline in Tennessee. The groups argued TDEC arbitrarily and capriciously determined that ...
A district court granted summary judgment for landowners and a coalition of counties in a challenge to FWS' issuance of an ESA Section 4(d) Rule alongside its listing of the northern distinct population of lesser prairie-chicken as a threatened species. Plaintiffs argued FWS should have considered e...