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El Paso, Texas v. Trump
The Fifth Circuit, 2-1, affirmed in part and reversed in part a ruling enjoining the Trump Administration from using military funds to build portions of a border wall along the U.S.-Mexico border. El Paso County and a nonprofit group argued that the president's proposed plan for funding border barri...
Ohio Valley Environmental Coalition v. Caperton
A district court denied a motion to dismiss a challenge to the West Virginia Department of Environmental Protection's failure to notify the Office of Surface Mining Reclamation and Enforcement (OSMRE) of a significant change to the state's special reclamation fund. Environmental groups argued that t...
Earthworks v. U.S. Department of the Interior
A district court denied environmental groups' motion for summary judgment in a challenge to two mining-related rules issued by BLM. The groups argued that the 2008 Mining Claim Rule violated the General Mining Law and FLPMA by improperly restricting the application of FLPMA's fair market-value manda...
Wyoming v. United States Department of the Interior
A district court struck down BLM's 2016 rule promulgating new regulations to reduce natural gas waste during oil and gas production activities on federal land and Indian leases. States argued that the rule exceeded BLM's statutory authority and was otherwise arbitrary and capricious. The court found...
Sierra Club v. Trump
The Ninth Circuit affirmed, 2-1, a ruling in a lawsuit concerning the Trump Administration's use of military construction funds to build portions of a border wall along the U.S.-Mexico border. States and an environmental group challenged the Administration's authority to divert funds appropriated fo...
Time to Rethink the Supreme Court’s Interstate Waters Jurisprudence
This October Term, the U.S. Supreme Court will be asked to weigh in on three and possibly all four of its pending original jurisdiction controversies over interstate waters. The Court’s past judgments and opinions have established little in the way of “federal common law” governing the states’ interests in shared waters. But they have established this much: these interests vest in states-as-states directly under the U.S. Constitution, even if the Court itself is reluctant to specify the interests with much precision or to enjoin violations thereof.