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San Luis Valley Ecosystem Council v. Dallas

A district court denied conservation groups' petition to review the Forest Service's approval of a revised management plan for the Rio Grande National Forest. The groups argued the Service's approval violated the National Forest Management Act and the 2012 Planning Rule by not including species-spec...

Ondrusek v. United States Army Corps of Engineers

The Fifth Circuit reversed in part a district court's dismissal of a lawsuit brought by property owners against the city of Dallas and the Army Corps of Engineers concerning an ongoing floodway extension project. The owners argued the Corps' failure to prepare a supplemental EIS to account for new i...

Texas v. United States Environmental Protection Agency

The Fifth Circuit granted EPA's motion to vacate its disapprovals of portions of regional haze SIPs submitted by Texas and Oklahoma and the issuance of federal implementation plans (FIPs) establishing a long-term strategy and/or reasonable progress goals for the states. EPA argued that because key d...

Kentucky v. United States Environmental Protection Agency

The Sixth Circuit vacated EPA's 2023 disapproval of a SIP proposed by Kentucky to comply with Agency changes to ozone NAAQS. Kentucky challenged the disapproval, which rested on different modeling that came out after the Agency's deadline for submitting the plan and on a lower threshold than the one...

Environment Texas Citizen Lobby, Inc. v. ExxonMobil Corp.

In a per curiam opinion, a divided en banc Fifth Circuit affirmed a district court's civil penalty award of $14.25 million against an oil company in a long-running dispute concerning alleged CAA permit violations at an industrial complex in Baytown, Texas. Environmental groups had filed a CAA citize...

Blue Mountains Biodiversity Project v. United States Forest Service

In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its approval of a 40,000-acre logging project in Malheur National Forest. An environmental group argued the Service violated NEPA by failing to adequately assess cumulative impacts, failin...

Cottonwood Environmental Law Center v. Olson

In an unpublished opinion, the Ninth Circuit affirmed dismissal of a challenge to the Forest Service's approval of sheep grazing allotments in Beaverhead Deerlodge National Forest. An environmental group argued the Service overlooked new information on grizzly bear mortality and conflicts with sheep...

Front Range Equine Rescue v. Vilsack

A district court dismissed for lack of subject matter jurisdiction a nonprofit group's challenge to the Forest Service's and BLM's herd management plan for wild horses and burros in Humboldt-Toiyabe National Forest. The group argued the agencies arbitrarily and capriciously authorized use of surgica...