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 ...

The D.C. Circuit, 2-1, denied petitions to review FERC's orders requiring a generator to upgrade its circuit breaker in order for another power source to safely connect to the regional transmission grid and requiring the new source to compensate the generator for direct costs of the upgrade. The gen...

A district court granted in part and denied in part summary judgment for environmental groups in a challenge to the Army Corps of Engineers' nationwide permit authorizing the installation of structures in finfish aquaculture operations. The groups argued the Corps did not comply with its obligations...

A district court denied summary judgment for an environmental group in a challenge to the Tennessee Valley Authority's (TVA's) decision to build a gas-fired power plant in Tennessee. The group argued the EA violated NEPA, and that TVA's decision to issue a FONSI and not to prepare an EIS was arbitra...

A district court denied the Florida Department of Environmental Protection's (FDEP's) motion to dismiss a lawsuit concerning its alleged failure to appropriately regulate sewage discharge into a northern part of the Indian River Lagoon. A nonprofit group argued FDEP's insufficient regulation led to ...

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 industry groups' motion for summary judgment in a challenge to California's adoption of an emissions regulation for railroads operating within the state. The groups argued that the regulation, which would require companies to phase out locomotives that are more than 23 years ...

A district court denied summary judgment for an environmental group in a challenge to the Forest Service's approval of a tree-thinning project in Ozark National Forest. The group argued the Service violated NEPA by failing to take a "hard look" at certain environmental issues and failing to prepare ...

A district court granted the state of Alaska's request to set aside and enjoin NMFS' final rules designating critical habitat for the Beringia distinct population segment of the bearded seal and for the Arctic ringed seal. The state argued NMFS violated the ESA by failing to designate specific areas...

A district court granted in part and denied in part Alaska Native tribes' request for declaratory relief in a challenge to the Army Corps of Engineers' and BLM's final EIS and joint record of decision for a proposed gold mine in southwestern Alaska. The tribes argued the EIS and record of decision v...