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Louisiana v. Biden

A district court granted states' motion to preliminarily enjoin the president's Executive Order pausing new oil and gas leases on public lands and in offshore waters. The states argued the "pause" violated the APA, the Outer Continental Shelf Lands Act (OCSLA), and the Mineral Leasing Act (MLA). The...

Idaho Conservation League v. Poe

A district court granted a conservation group's motion for summary judgment in a lawsuit concerning a California resident's recreational gold mining in a river in Idaho. The group argued the defendant violated the CWA by suction dredge mining during the 2014, 2015, and 2018 dredging seasons without ...

Western Watersheds Project v. Bernhardt

A district court remanded without vacatur oil and gas lease sales approved by BLM in greater sage-grouse habitat in Montana and Wyoming. Conservation groups argued BLM violated NEPA by failing to consider their proposed alternative of deferring priority sage-grouse habitat and failing to take a "har...

Center for Biological Diversity v. U.S. Forest Service

A district court denied environmental groups' motion for summary judgment in a challenge to the Forest Service's approval of a road reopening project in grizzly bear habitat in the Idaho Panhandle National Forest. The groups argued the Service's approval of the project violated NEPA and the National...

Trout Unlimited v. Bristol Bay Economic Development Corp.

The Ninth Circuit, 2-1, affirmed in part and reversed in part dismissal of a challenge to EPA's withdrawal of a previously proposed determination restricting mining operations in part of southwest Alaska's Bristol Bay watershed. A conservation group had argued the withdrawal violated the CWA and EPA...

Center for Biological Diversity v. Haaland

The Ninth Circuit reversed summary judgment for FWS in a challenge to the Service's 2017 decision reversing its 2011 decision that the Pacific walrus qualified for listing under the ESA. An environmental group had argued the Service violated the APA by failing to sufficiently explain its change in p...

Yawn v. Dorchester County

The Fourth Circuit affirmed summary judgment for a county in South Carolina in a lawsuit concerning the county's alleged taking of honey sellers' bees. The sellers argued their bees died after the county sprayed pesticide in an effort to kill mosquitoes, and thus constituted a Fifth Amendment taking...

Phoenix Herpetological Society v. United States Fish and Wildlife Service

The D.C. Circuit affirmed summary judgment for FWS in a lawsuit concerning its denial of a nonprofit group's permit applications to export four blue iguanas to a Danish zoo and to continue a captive-bred wildlife program at its Arizona facility. A district court saw no problem with FWS' denials and ...

Farmworkers Ass'n of Florida v. Environmental Protection Agency

The D.C. Circuit vacated EPA's authorization of the pesticide aldicarb for use on oranges and grapefruit in Florida. EPA had moved to remand without vacatur. The court found the Agency itself acknowledged it did not make an effects determination as required by §7(a)(2) of the ESA, and that it admit...