Masias v. Colorado Springs Utilities
A district court dismissed an individual's CAA lawsuit against a Colorado utility and the state's environmental agency in which he alleged that toxic fumes were emitted into his neighborhood following a fire at a nearby power plant. The plaintiff lacks standing to file suit. Although he claims that ...
Center for Biological Diversity v. Environmental Protection Agency
The D.C. Circuit upheld EPA’s decision to defer adopting new secondary NAAQS for oxides of sulfur (SOx) and nitrogen (NOx) pending further scientific study. Citing doubts about the accuracy of its aquatic acidification index model—used to quantify the connection between SOx and NOx in the air an...
Friends of the Wild Swan v. Ashe
A district court held that FWS' delay in developing and implementing a recovery plan for the Canada lynx, which was listed as threatened in 2000, is unreasonable. The ESA directs FWS to prepare a recovery plan for listed species but does not include a timetable or indication of the speed with which ...
In Defense of Animals v. United States Department of the Interior
The Ninth Circuit held that BLM's roundup or "gather" of approximately 1,639 wild horses and 160 burros from the Twin Peaks Herd Management Area (HMA) on the California-Nevada border complied with the Wild Free-Roaming Horses and Burros Act and NEPA. Post-gather, 793 wild horses and 160 burros resid...