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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...

Securities and Exchange Commission v. Jarkesy

The U.S. Supreme Court, 6-3, held the Seventh Amendment entitled an investment advisor to a jury trial in an enforcement action initiated by the Securities and Exchange Commission (SEC) seeking civil penalties for securities fraud. The SEC adjudicated the matter administratively, and determined the ...

Ohio v. Environmental Protection Agency

The U.S. Supreme Court, 5-4, granted three states' and several industry groups' applications to stay enforcement of EPA's 2023 rule issuing a federal implementation plan (FIP) for 23 states whose SIPs the Agency determined had failed to adequately address new air quality standards for ozone levels u...

Loper Bright Enterprises v. Raimondo

The U.S. Supreme Court, 6-3, held the APA requires courts to exercise independent judgment in deciding whether an agency has acted within its statutory authority and that courts may not defer to an agency's interpretation of the law simply because a statute is ambiguous, overruling Chevron U.S.A. In...

Multnomah, County of v. Exxon Mobil Corp.

A district court adopted a magistrate judge's findings and recommendations to remand to state court a climate liability lawsuit brought by an Oregon county against oil and gas companies. The county initially sued in state court, arguing the companies failed to warn consumers about the negative effec...

Puget Soundkeeper Alliance v. Port of Tacoma

The Ninth Circuit reversed in part summary judgment for the operators of a marine cargo terminal on Puget Sound in a CWA citizen suit concerning stormwater discharges. An environmental group argued the operators were liable for discharges from the facility's entire footprint, including an area known...

Center for Environmental Health v. Regan

The Fourth Circuit affirmed dismissal of a TSCA citizen suit concerning EPA's decision on a petition to require testing for 54 per- and polyfluoroalkyl substances (PFAS). Four citizen groups argued that EPA's decision, which granted the petition and agreed to require testing on PFAS as a class throu...

Tohono O'odham Nation v. United States Department of Interior

A district court granted BLM's motion to dismiss tribes' and environmental groups' challenge to the Bureau's approval of a 550-mile transmission line route through the San Pedro Valley. Plaintiffs argued BLM violated the National Historic Preservation Act by failing to identify the San Pedro Valley ...

Mid Valley Pipeline Co., L.L.C. v. Rodgers

The Fifth Circuit affirmed dismissal of a constitutional challenge brought by a pipeline company concerning a 1949 permit a local levee board granted to the company to construct and maintain two pipelines across a levee in Mayersville, Mississippi. The company argued the board violated the Contracts...

New York, City of v. Exxon Mobil Corp.

A district court granted New York City's motion to remand to state court a climate deception lawsuit brought against fossil fuel companies. The city initially sued the companies in state court, arguing they violated the city's consumer protection law by misleading consumers about the impact of their...