The Federal Circuit upheld a lower court decision dismissing on jurisdictional grounds a landowner's Fifth Amendment takings claim against the government in connection with a CWA permit denial. The lower court held that the complaint was barred by 28 U.S.C. §1500, which prohibits the U.S. Court of ...

The Ninth Circuit denied community groups' petition for review challenging EPA's approval of revisions to California's SIP concerning air emissions from pesticides, known as the "pesticide element." The revisions related to the reduction of volatile organic compounds in the San Joaquin and Ventura a...

The Supreme Court of Texas held that courts may consider all relevant circumstantial evidence when granting or denying an expedited motion to dismiss suits that could stifle a defendant's communication on matters of public concern under the Texas Citizens Participation Act (TCPA). The case arose aft...

The D.C. Circuit reversed and vacated a portion of a January 2013 rule in which EPA revised the NESHAPs and new source performance standards for backup generators. Specifically, the court held that EPA acted arbitrarily and capriciously when it modified the NESHAPs and NSPS to allow backup generator...

The Federal Claims Court held that the U.S. Army Corps of Engineers' construction, expansions, operation, and failure to maintain the Mississippi River-Gulf Outlet (MR-GO) caused subsequent storm surge that was exacerbated by a "funnel effect" during Hurricane Katrina and subsequent hurricanes and s...

The D.C. Circuit dismissed petitions challenging EPA's and the National Highway Traffic Safety Administration's (NHTSA's) coordinated rules governing the greenhouse gas emissions and fuel economy of cars and trucks. One group of petitioners—businesses, associations, and individuals located in Cali...