The Fourth Circuit vacated two district court decisions in lawsuits concerning a chemical manufacturer's role in allegedly contaminating Maryland's and South Carolina's waterways by using per- and polyfluoroalkyl substances (PFAS) in its products. The two states sued in state court, each filing two ...

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...

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...

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...

In an unpublished opinion, the Sixth Circuit affirmed a district court's order remanding to state court a lawsuit concerning a Michigan airport's use of aqueous film-forming foam (AFFF). Michigan's attorney general (AG) and Department of Environment, Great Lakes, and Energy sued in state court, argu...

A district court denied in part and dismissed in part environmental groups' motion for summary judgment in a lawsuit concerning the use of seeds treated with pesticides. The groups petitioned EPA to subject treated seeds to FIFRA, arguing the Agency could not exempt them from a separate registration...

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...

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...

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...

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...