Miccosukee Tribe of Indians of Florida v. United States
The Eleventh Circuit upheld the dismissal of a Native American tribe's lawsuit challenging the government's management of the Central and Southern Florida Project for Flood Control in the Everglades. The tribe complained that the project diverts excessive flood waters over tribal lands, in part to p...
Sierra Club v. United States Department of Agriculture
The D.C. Circuit held that a power company may not appeal a lower court decision that USDA's Rural Utilities Service violated NEPA before granting approvals and financial assistance to the company's expansion of its coal-fired power plant. An environmental group filed suit against the Service for fa...
Louisiana Generating L.L.C. v. Illinois Union Insurance Co.
The Fifth Circuit held that under New York law, an insurance company has a duty to defend a power company in an underlying lawsuit filed against it by EPA and Louisiana's environmental agency for alleged CAA and state law violations. The insurer argued that the forms of relief covered by the policy�...
Arlington, Texas v. Federal Communications Comm'n
The U.S. Supreme Court upheld a FCC declaratory ruling that state and local zoning authorities have 150 days to process siting applications for new wireless towers and antennas. Section 332(c)(7)B) of the Communications Act of 1934, as amended, requires state or local governments to act on siting ap...