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California v. Bernhardt

A district court vacated the Trump Administration's rescission of the Obama Administration's Waste Prevention Rule, which was enacted to reduce methane waste from oil and gas operations on public and tribal lands. California, New Mexico, and environmental groups argued the rescission violated the AP...

United States Forest Service v. Cowpasture River Preservation Ass'n

The U.S. Supreme Court held, 7-2, that the Forest Service had authority under the Mineral Leasing Act (MLA) to issue a special use permit that granted a right-of-way for a segment of a natural gas pipeline to be constructed beneath the Appalachian Trail in George Washington National Forest. Environm...

Grand Canyon Trust v. Provencio

A district court granted summary judgment for the Forest Service in a challenge against its determination that a mining company had "valid existing rights" (VER) at a uranium mine in the Kaibab National Forest when DOI withdrew public lands around the Grand Canyon from new mining claims. A Native Am...

Waid v. Earley

The Sixth Circuit affirmed a district court ruling that denied city and state officials' motions to dismiss residents' bodily integrity claim stemming from the water contamination crisis in Flint, Michigan. City officials argued they were entitled to qualified immunity because they acted on professi...

Clover Coffie v. Florida Crystals Corp.

A district court dismissed for lack of standing a challenge to sugarcane producers' annual burning of sugarcane fields. Nearby landowners argued that the burning has led to a diminution of their property values and that they have suffered and continue to suffer damage to their property, unnecessary ...

California v. Trump

A district court dismissed for lack of standing a lawsuit challenging the Executive Order that requires agencies to repeal two existing rules for each new rule promulgated. California, Minnesota, and Oregon argued that the order delayed or resulted in the undertaking of four rulemakings and that the...

No Road to Change: The Weaknesses of an Advocacy Strategy Based on Agency Policy Change

The Trump Administration has aggressively rolled back prior administrations’ environmental regulations and natural resource policies, and critics of this agenda have turned to the judiciary. A remarkable string of federal court decisions has faulted the Administration for failing to follow the standard for agency policy change articulated in Federal Communications Commission v. Fox Television Stations, Inc.