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Arizona State Legislature v. Biden

A district court granted the Biden Administration's motion to dismiss a challenge to the president's 2023 designation of Baaj Nwaavjo I’tah Kukveni—Ancestral Footprints of the Grand Canyon National Monument. The Arizona state legislature, a cattle rancher, and other plaintiffs argued Proclamatio...

Environmental Defense Fund v. United States Environmental Protection Agency

The D.C. Circuit vacated certain requirements under an EPA rule concerning the assertion and treatment of confidential business information (CBI) claims for information reported to or otherwise obtained by the Agency under TSCA. Trade groups challenged the rule, arguing it allowed for unlawful discl...

Public Employees for Environmental Responsibility v. Regan

A district court granted EPA's motion to dismiss a TSCA citizen suit brought by environmental groups concerning fluorination. The groups sought to compel EPA to prohibit the company's fluorination practices, which produced per- and polyfluoroalkyl substances (PFAS), a class of carcinogenic chemicals...

Marin Audubon Society v. Federal Aviation Administration

In a divided opinion, a D.C. Circuit panel vacated FAA's and the National Park Service's plan governing tourist flights over four national parks in California, and also ruled that CEQ lacked the authority to issue regulations binding on other federal agencies. An environmental group sought to set as...

Hualapai Indian Tribe v. Haaland

A district court granted an Indian tribe's motion for a temporary restraining order (TRO) against BLM's decision to approve the third phase of a lithium drilling project in northwestern Arizona. The tribe argued BLM violated the National Historic Preservation Act (NHPA) when it found no historical p...

Food & Water Watch, Inc. v. United States Environmental Protection Agency

A district court held that fluoridation of water at 0.7 milligrams per liter (mg/L), the level presently considered “optimal” in the United States, posed an unreasonable risk of reduced IQ in children. Anti-fluoride groups and individuals had petitioned EPA under TSCA to regulate the fluoridatio...

Physicians for Social Responsibility v. Buttigieg

A district court denied an environmental and public health group's motion for a preliminary injunction in a challenge to FWS' and the Federal Highway Administration's (FHwA's) authorization of a trail development project through a former nuclear weapons production site in Rocky Flats National Wildli...

Xerces Society for Invertebrate Conservation v. Shea

A district court granted summary judgment for conservation groups in a challenge to the Animal and Plant Health Inspection Service's (APHIS') recent update to a program concerning the use of pesticides to suppress grasshopper and cricket outbreaks. The groups argued APHIS' 2019 EIS and five state-le...

Alliance for the Wild Rockies v. Haaland

A district court denied summary judgment for environmental groups in a challenge to BLM's management plan for a recreation area in Montana. The groups argued BLM violated NEPA, FLPMA, and the Federal Advisory Committee Act (FACA) when it developed the plan, and sought a preliminary injunction. The c...

Vinyl Institute, Inc. v. Environmental Protection Agency

The D.C. Circuit vacated a 2022 EPA order requiring chemical manufacturers/processors to test the chronic toxicity of 1,1,2-trichloroethane pursuant to TSCA. A trade organization representing seven entities challenged the order, arguing EPA failed to comply with several statutory requirements. The c...