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Cascadia Wildlands v. Scott Timber Co.
The Ninth Circuit affirmed a district court's permanent injunction in an ESA citizen suit concerning a proposed timber harvesting project on private property in Oregon. Environmental groups argued the project would cause a "take" of marbled murrelets in violation of the ESA by clearing acres of tree...
Center for Biological Diversity v. National Marine Fisheries Service
In an unpublished per curiam judgment, the D.C. Circuit affirmed summary judgment for NMFS in a challenge to the Service's 2019 rule regarding turtle excluder devices. Environmental groups argued the final rule was not adequately explained, that it was not a logical outgrowth of the proposed rule th...
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...
EPA’s New Particulate Matter Standard
On February 7, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule imposing a stricter limit for the fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). The annual exposure standard for PM2.5, currently set at 12 micrograms per cubic meter of air, will now be 9 micrograms per cubic meter, marking the first time in over eight years that EPA has strengthened any NAAQS. The rule is predicted to have many health benefits, such as preventing 4,500 premature deaths by 2032, which may particularly affect overburdened communities.