The Tenth Circuit held that FWS has the authority under the Commerce Clause to regulate the take of the Utah prairie dog. A group of property owners challenged FWS's authority to use the ESA to prohibit take of the Utah prairie dog, an intrastate species, on nonfederal land. A district court granted...

A district court ordered EPA to complete overdue assessments of 13 sources of hazardous air pollutants. In 2016, environmental groups sued the Agency over a failure to meet CAA requirements that the standards for air pollutants be reviewed within eight years to account for technology improvements. T...

A district court denied a winery's motion to strike claims by EPA under CERCLA, the CAA, and other statutes in connection with a release of ammonia that claimed the life of one worker. In 2012, the winery experienced a 284-pound release of anhydrous ammonia from its refrigeration system. A cloud of ...

The Ninth Circuit rejected challenges to EPA's interpretation of the Tribal Authority Rule under the CAA in a case concerning a coal-fired power plant on Navajo land. In 2013, in response to Navajo Nation's failure to issue a Tribal Implementation Plan for the coal-fired plant, EPA proposed federal ...

A district court denied EPA’s request for a five-year extension to review hazardous emissions standards under the CAA covering 20 different industries. Plaintiffs brought suit to compel EPA to finalize emissions standards for the 20 regulated industries, and suggested a timeline of no more than tw...