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Earthworks v. United States Department of the Interior

The D.C. Circuit, 2-1, affirmed summary judgment for BLM in a challenge to the agency's 2003 final rule withdrawing a proposed rule that would have limited the maximum size of "mill sites" for mining claims on federal lands and instead codifying the agency's historical understanding that the governi...

Puget Soundkeeper Alliance v. Port of Tacoma

The Ninth Circuit reversed in part summary judgment for the operators of a marine cargo terminal on Puget Sound in a CWA citizen suit concerning stormwater discharges. An environmental group argued the operators were liable for discharges from the facility's entire footprint, including an area known...