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National Wildlife Federation v. Lohr

A district court denied USDA's motion to alter judgment in a lawsuit challenging the Natural Resources Conservation Service's (NRCS') 2020 final rule concerning pre-1996 wetland certifications. An environmental group had challenged the rule, arguing it violated the APA, the ESA, and NEPA. The court ...

Beyond Nuclear, Inc. v. U.S. Nuclear Regulatory Commission

The D.C. Circuit denied environmental groups' petitions to review NRC's denial of their requests to intervene in licensing proceedings for construction and operation of a spent nuclear fuel storage facility in New Mexico. An energy company had applied for a license to construct and operate the facil...

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...

Texas v. New Mexico

The U.S. Supreme Court, 5-4, denied two states' motion to enter into a consent decree in a lawsuit concerning a 1938 interstate agreement that apportions the waters of the Rio Grande River among Colorado, New Mexico, and Texas. Texas initially sued Colorado and New Mexico, arguing excessive groundwa...

Pakootas v. Teck Cominco Metals, Ltd.

A district court denied a mining company's motion for partial summary judgment in a lawsuit concerning pollution from the company's British Columbia smelter along the Upper Columbia River. Tribal members sought natural resource damages for contamination of the river. The company argued the members' ...

Butte County v. Granholm

A district court granted DOE's motion to dismiss a lawsuit over the social and economic impacts of storing spent nuclear fuel at Idaho National Laboratory (INL). Butte County argued DOE should have determined the social and economic impacts of storing the materials at INL because they were there pur...

Mobile Baykeeper, Inc. v. Alabama Power Co.

A district court dismissed a RCRA citizen suit over a closure plan for a coal-fired power plant in Alabama. An environmental group challenged the plan, arguing it was unlawful to permanently store over 21 million tons of coal ash and toxic pollutants in the existing unlined impoundment, situated in ...

Hill v. United States Department of the Interior

A district court granted DOI's motion to dismiss a lawsuit concerning tribal water rights on the Crow Reservation in Montana. Tribal members who hold property on the reservation challenged the 2010 Crow Tribe Water Rights Settlement Act (Settlement Act), which provided benefits to the tribe in excha...

Center for Biological Diversity v. United States Forest Service

The Ninth Circuit affirmed dismissal of a lawsuit alleging the Forest Service was liable as a contributor under RCRA for failing to regulate use of lead ammunition by hunters in Kaibab National Forest. Environmental groups argued that, even though the Service's activity was not the direct source of ...

Texas v. Nuclear Regulatory Commission

The Fifth Circuit granted oil and gas interest groups' and the state of Texas' petition to review NRC's issuance of a license to a private company to operate a temporary storage facility for spent nuclear fuel on the Permian Basin. Petitioners argued, among other things, that NRC lacked statutory au...