Farmworkers Ass'n of Florida v. Environmental Protection Agency
The D.C. Circuit vacated EPA's authorization of the pesticide aldicarb for use on oranges and grapefruit in Florida. EPA had moved to remand without vacatur. The court found the Agency itself acknowledged it did not make an effects determination as required by §7(a)(2) of the ESA, and that it admit...
Voyageur Outward Bound School v. United States
A district court denied environmental groups' motion to reconsider its prior decision in a lawsuit concerning DOI's renewal of mining leases for a proposed copper-nickel mine in northeastern Minnesota. The groups argued new evidence retrieved through third-party FOIA requests—communications from 2...
A Community Voice v. U.S. Environmental Protection Agency
The Ninth Circuit remanded, 2-1, a rule EPA promulgated in 2019 in response to the court's 2017 writ of mandamus directing the Agency to respond to the need for updated lead-based paint hazard standards. Nonprofit groups argued the rule violated provisions of the the Residential Lead-Based Paint Haz...