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San Luis Valley Ecosystem Council v. Dallas

A district court denied conservation groups' petition to review the Forest Service's approval of a revised management plan for the Rio Grande National Forest. The groups argued the Service's approval violated the National Forest Management Act and the 2012 Planning Rule by not including species-spec...

Ondrusek v. United States Army Corps of Engineers

The Fifth Circuit reversed in part a district court's dismissal of a lawsuit brought by property owners against the city of Dallas and the Army Corps of Engineers concerning an ongoing floodway extension project. The owners argued the Corps' failure to prepare a supplemental EIS to account for new i...

Texas v. United States Environmental Protection Agency

The Fifth Circuit granted EPA's motion to vacate its disapprovals of portions of regional haze SIPs submitted by Texas and Oklahoma and the issuance of federal implementation plans (FIPs) establishing a long-term strategy and/or reasonable progress goals for the states. EPA argued that because key d...

LSP Transmission Holdings II, LLC v. Huston

A district court granted an electric transmission developer's motion for preliminary injunction against Indiana's 2023 law that granted incumbent transmission owners a right of first refusal to build transmission projects in their service areas. The developer argued the law blocked it from bidding o...

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...

Kentucky v. United States Environmental Protection Agency

The Sixth Circuit vacated EPA's 2023 disapproval of a SIP proposed by Kentucky to comply with Agency changes to ozone NAAQS. Kentucky challenged the disapproval, which rested on different modeling that came out after the Agency's deadline for submitting the plan and on a lower threshold than the one...

Environment Texas Citizen Lobby, Inc. v. ExxonMobil Corp.

In a per curiam opinion, a divided en banc Fifth Circuit affirmed a district court's civil penalty award of $14.25 million against an oil company in a long-running dispute concerning alleged CAA permit violations at an industrial complex in Baytown, Texas. Environmental groups had filed a CAA citize...

Thompson v. Keliher

A district court granted the Maine Department of Marine Resources' motion to dismiss a challenge to its rule that compels federally licensed lobstermen to install a tracking device on their fishing vessels. The lobstermen challenged the rule under the Maine Administrative Procedure Act (MAPA) and on...

National Family Farm Coalition v. Vilsack

A district court granted in part nonprofit and public interest groups' motion for summary judgment in a challenge to the Animal and Plant Health Inspection Service's (APHIS') 2020 rule concerning regulation of genetically engineered (GE) organisms. The groups argued the rule effectively abandoned fe...