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San Luis & Delta-Mendota Water Authority v. Locke

The Ninth Circuit upheld the National Marine Fisheries Service's (NMFS') biological opinion regarding the impact of continuing water extraction in the California Central Valley on certain threatened and endangered salmonid species. In its biological opinion, NMFS determined that the Bureau of Reclam...

Humane Society of the United States v. Jewell

A district court, in a 100+-page opinion, vacated an FWS rule removing the western Great Lakes distinct population segment (DPS) of gray wolves from the ESA’s list of protected species and ordered the agency to reinstate immediately the protections for gray wolves in the affected area as these pro...

Oceana v. Pritzker

A district court refused to vacate a biological opinion issued by the National Marine Fisheries Service (NMFS) in which it determined that the operation of the Atlantic Sea Scallop Fishery would not jeopardize the continued existence of the Northwest Atlantic population segment of loggerhead sea tur...

Conservation Congress v. Finley

The Ninth Circuit affirmed a lower court decision granting summary judgment in favor of the federal government on claims that it violated ESA, NEPA, and National Forest Management Act in connection with its approval of a lumber thinning and fuel reduction project in northern California. An environme...

Aransas Project v. Shaw

The Fifth Circuit denied a motion to rehear its earlier decision that the Texas Commission on Environmental Quality (TCEQ) did not cause the unlawful take of endangered whooping cranes in the Aransas National Wildlife Refuge in violation of ESA §9. All but 4 of the 15 circuit court judges voted aga...

Sierra Club v. United States Environmental Protection Agency

The Seventh Circuit denied a petition for review challenging EPA’s decisions to redesignate three geographic areas—Milwaukee-Racine, Greater Chicago, and the Illinois portion of the St. Louis area—as having attained the 1997 NAAQS for ozone. Before redesignating an area, the CAA requires EPA t...

Environment Texas Citizen Lobby, Inc. v. ExxonMobil Corp.

A district court dismissed individuals' CAA citizen suit against an oil company for emission violations at the company's refinery, olefins plant, and chemical plant in Baytown, Texas. It is undisputed the company violated some emission standards or limitations under its Title V permit. Indeed, it is...

Natural Resources Defense Council v. Environmental Protection Agency

The D.C. Circuit held that EPA's regulations implementing the 2008 NAAQS for ozone exceed the Agency’s authority under the CAA. In 2008, EPA revised and strengthened the standards for ozone pursuant to the CAA. One of the revisions extended the deadline for some regions to attain the new standards...