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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...
Patching a Persistent Problem: PFAS and RCRA’s Citizen Suit Provision
Per- and polyfluoroalkyl substances (PFAS) are a toxic, environmentally persistent class of chemicals that have been used widely in consumer products. Despite growing evidence of adverse health effects associated with PFAS exposure, the U.S. Environmental Protection Agency has not yet promulgated a legally enforceable standard for any of the individual chemicals in the PFAS group. This has resulted in largely unrestricted disposal of PFAS waste and dispersal of these persistent chemicals throughout the environment.
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...