The Ninth Circuit affirmed the dismissal of oil and trucking industry groups' challenge to Oregon's Clean Fuels Program, which regulates production and sale of transportation fuels based on greenhouse gas emissions. The groups argued that the program violated the dormant Commerce Clause by facially ...

A district court issued a temporary restraining order on the scheduled opening of grizzly bear hunting in Idaho and Wyoming. A Native American tribe argued that FWS violated the ESA when it removed the Greater Yellowstone Ecosystem grizzly bear from the list of threatened species, and sought to rest...

A district court vacated and set aside FWS' 2015 decision not to list an isolated population of greater sage grouse as threatened under the ESA. The court's ruling follows an order previously issued by that court granting summary judgment when it concluded that the agency's decision was arbitrary an...

The Ninth Circuit denied an environmental group's petition to review EPA's approval of a Montana SIP revision. The group argued that the approval was arbitrary and capricious because Montana's Department of Environmental Quality interpreted one of the SIP's provisions less stringently than the CAA a...

The Ninth Circuit reversed in part a district court's summary judgment that upheld FWS' decision not to list the arctic grayling as an endangered or threatened species under the ESA. Environmental groups argued that FWS erred in considering only the current range of the arctic grayling when determin...

The D.C. Circuit vacated EPA's rule delaying the 2017 Chemical Disaster Rule, which established safety standards for chemical facilities. The Agency argued that it had authority under CAA §112 to delay the effective date of the Rule beyond the ninety-day limit set forth in CAA §307 because ninety ...