Center for Biological Diversity v. U.S. Forest Service
A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to the Forest Service's and FWS' approval of a logging project in Kootenai National Forest. The groups argued, among other things, that the Services failed to take a "hard look" at th...
Center for Biological Diversity v. United States Environmental Protection Administration
A district court granted in part summary judgment for an environmental group in a challenge to EPA's issuance of recommended water quality criteria for cadmium in 2016. The group argued EPA violated the ESA by failing to consult with expert agencies before issuing the recommended criteria. The Agenc...
Natural Resources Defense Council, Inc. v. U.S. Fish and Wildlife Service
A district court granted environmental groups' motion for summary judgment in a challenge to FWS' decision not to designate critical habitat for the rusty patched bumble bee. The groups argued the Service had not established that the bee would not benefit from the designation, and that it failed to ...
Center for Biological Diversity v. Haaland
A district court granted in part and denied in part FWS' motion to dismiss a challenge to the alleged failure to preserve gray wolves. An environmental group argued the Service violated §4(f) of the ESA because it never developed or implemented a single recovery plan for the 44-state listing of all...
Center for Biological Diversity v. U.S. Environmental Protection Agency
A district court denied EPA's motion to dismiss a lawsuit challenging its failure to perform required ESA consultations with FWS and NMFS before approving the state of Washington's limits on aquatic cyanide in 1993, 1997, and 2007. An environmental group argued that EPA failed to complete ESA §7 co...
El Paso Electric Co. v. Federal Energy Regulatory Commission
The Fifth Circuit, 2-1, granted a petition to review FERC orders it previously vacated and remanded, which instructed utilities in the WestConnect transmission planning region on how to implement a cost allocation scheme for grid improvements in the region. A utility company argued the orders, which...