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Commonwealth of Kentucky v. United States Environmental Protection Agency

A district court denied conservation groups' motion to intervene in a lawsuit concerning EPA's and the Army Corps of Engineers' rule defining the scope of the CWA. The groups sought intervention as of right, arguing they had "a significant, protectable interest" because they represent those who use ...

Bartell Ranch v. McCullough

A district court denied emergency motions brought by environmental groups, ranchers, and tribes to halt construction of a lithium mine near Thacker Pass, Nevada, pending appeal. The plaintiffs initially argued BLM's approval of the mine violated FLPMA, NEPA, and the National Historic Preservation Ac...

Fond Du Lac Band of Lake Superior Chippewa v. Cummins

A district court denied a mining company's motion to dismiss an Indian tribe's challenge to a land exchange between the company and the Forest Service. The tribe argued that the land exchange implicated its sovereign interests, including a right under an 1854 treaty to use the land for hunting, fish...

New Mexico v. United States Nuclear Regulatory Commission

The Tenth Circuit dismissed a petition to review NRC's grant of a temporary license for spent nuclear fuel storage near the New Mexico border. New Mexico argued NRC violated NEPA and the Nuclear Waste Policy Act, and acted ultra vires in granting the license. NRC moved to dismiss for lack of jurisdi...

American Chemistry Council v. Environmental Protection Agency

The D.C. Circuit granted EPA's motion to dismiss an industry group's challenge to interim lifetime health advisories for two per- and polyfluoroalkyl substances in drinking water. The court found that the group identified alleged harm facing an indirect subsidiary of one of its members, but failed t...