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...
A district court granted New York City's motion to dismiss a challenge to its statute prohibiting the use of fossil fuels in newly constructed residential buildings. Trade groups and a union argued the statute was preempted by the Energy Policy Conservation Act (EPCA) because it concerned "the ...
The Eleventh Circuit affirmed dismissal of aviculturalist groups' lawsuit challenging FWS' denial of their petition to add two parrot species to the list of species approved for import under the Wild Exotic Bird Conservation Act. The groups had petitioned FWS to add members of the cactus conure and ...
The Seventh Circuit vacated a preliminary injunction that had barred enforcement of an Indiana statute giving incumbent electric companies rights of first refusal (ROFRs) to build and operate new interstate transmission facilities that connect to facilities they own. Companies seeking to b...
The D.C. Circuit partially granted petitions for rehearing in a challenge to FERC's reauthorization of two liquefied natural gas terminals and an associated pipeline in Texas. In a prior opinion, the court held FERC erred by failing to issue supplemental EISs addressing its updated environmental jus...
A district court granted in part summary judgment for an environmental group in a lawsuit concerning ESA §7 consultations on six pesticides. The group argued FWS violated the ESA by unreasonably delaying completion of consultations on chlorpyrifos, diazinon, carbaryl, methomyl, atrazine, and simazi...
A district court granted in part and denied in part summary judgment for an environmental group in a challenge to NMFS' denial of the group's petition to promulgate ESA §4(d) regulations for 20 coral species. The group had petitioned NMFS in response to the Service's inaction on its own findings in...
A district court vacated a 2022 instruction memorandum (IM) issued by BLM that outlined policies and procedures for administering an incentive program for adopting federally protected wild horses and burros. Animal rights groups challenged the IM, arguing it violated the Wild Free-Roaming Horses and...
The Fourth Circuit affirmed a district court's denial of a motion to temporarily enjoin construction on a real estate development project in South Carolina. Environmental groups argued the CWA §404 permit issued for the project violated the ESA by using a habitat surrogate to set the level of antic...
The Fourth Circuit vacated a district court order that denied a motion to preliminarily enjoin the Atlantic States Marine Fisheries Commission's recommended fishery management plan (FMP) for striped bass. A trade group, a group of charter boat captains, and two individuals operating in Maryland sued...