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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.

Voyageur Outward Bound School v. United States

A district court upheld DOI's renewal of two mineral leases that had previously been rejected for a copper-nickel mine in Superior National Forest. Businesses and environmental groups argued that DOI's authority to reconsider its decision to renew was limited to ministerial or inadvertent errors, an...

Wildgrass Oil and Gas Committee v. Colorado

A district court dismissed constitutional challenges to Colorado's forced pooling statute, under which property owners were required to allow oil and gas companies to extract their minerals. A group of property owners argued the statute violated the First Amendment by requiring non-consenting owners...

Drewes Farms Partnership v. Toledo, City of

A district court held invalid an amendment to the city of Toledo's charter that gave legal rights to Lake Erie. A local family farm argued the amendment was unconstitutionally vague and thus that it should be invalidated. The court found that the environmental rights of the lake and its watershed to...

Mayor and City Council of Baltimore v. BP P.L.C.

The Fourth Circuit upheld a district court order that remanded to state court the city of Baltimore's climate change case against oil companies. The city alleged it sustained climate change-related injuries, including an increase in sea levels, storms, floods, heatwaves, droughts, and extreme precip...

Maryland v. Federal Aviation Administration

The D.C. Circuit dismissed as untimely Maryland's petition to review the Federal Aviation Administration's (FAA's) approval of new flight paths to Washington National Airport. The state argued the new flight paths, which concentrated aircraft noise over its public lands, should be vacated because th...

King and Gardiner Farms, LLC v. Kern, County of

In a partially published opinion, a state appellate court set aside Kern County's approval of an ordinance amendment proposed by oil and gas industry groups to streamline the permitting process for new oil and gas wells. Environmental groups, community groups, and a local farm argued that the enviro...