The D.C. Circuit vacated an EPA rule that deferred regulation of biogenic carbon dioxide—non-fossil-fuel carbon dioxide sources such as ethanol—for three years. Although the "Deferral Rule" is a temporary regulation, it functions, in effect, as a permanent exemption from the PSD permitting requi...

A district court held unlawful BLM's methodology for assessing the impact of federal actions on the northern spotted owl as well as its failure to offer for sale a declared amount of timber from two western Oregon districts. Under the Oregon and California Lands Act of 1937 (O&C Act), once BLM d...

A district court granted environmental groups' motion to intervene in a landowner's lawsuit challenging FWS' critical habitat designation for the dusky gopher frog in portions of Louisiana and Mississippi. The landowner, who owns property that falls within the designation, argued that the designatio...