The D.C. Circuit held that FWS did not violate the ESA by removing the West Virginia Northern Flying Squirrel from the list of endangered species even though several criteria in the agency's recovery plan for the species had not been satisfied. The FWS Secretary reasonably interpreted the ESA as not...
The D.C. Circuit held that trade associations for the engine, petroleum, and food industries lack standing to challenge two EPA decisions approving the introduction of E15—a blend of gasoline and 15 percent ethanol—for use in select motor vehicles and engines. EPA granted "partial" waivers appro...
The Ninth Circuit upheld FWS regulations issued under the Marine Mammal Protection Act (MMPA) that authorize the incidental take of polar bears and Pacific walruses resulting from oil and gas exploration activities in the Chukchi Sea and on the adjacent coast of Alaska. MMPA §101(a)(5)(A) requires ...
The D.C. Circuit vacated EPA's transport rule, also known as the Cross-State Air Pollution Rule, which sets sulfur dioxide and nitrogen oxides emissions limits for 28 upwind states based on those states' contributions to downwind states' air quality problems. The CAA's "good neighbor" provision requ...
The First Circuit upheld an individual's conviction for illegally trafficking in sperm whale teeth and narwhal tusks in violation of the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES). The individual argued that the lower court should have instructed the jury...
The Fifth Circuit vacated EPA's disapproval of Texas's flexible permit program under the CAA. Texas submitted the program to EPA as a revision to its SIP and as a new feature of the state's minor new source review (NSR) regime. Under the program, modifications to facilities could be made without add...
The Tenth Circuit dismissed as moot an environmental group's CAA citizen suit against an energy company for building a new coal-fired power plant in Pueblo, Colorado, without a valid construction permit. Although the project initially complied with all applicable federal and state laws when construc...
The Ninth Circuit affirmed in part a lower court decision dismissing an environmental group's lawsuit challenging the U.S. Bureau of Reclamation's annual operating plans for the Glen Canyon Dam along the Colorado River under NEPA, the ESA, and the APA. The group was concerned about the dam's impact ...
The Sixth Circuit vacated EPA's determination that a natural gas operation's plant and production wells separately located within a 43-square-mile area constitute a single stationary source under the CAA Title V permitting program. EPA concluded that the facilities satisfy the regulatory requirement...
The Fifth Circuit upheld an EPA rule partially approving and partially disapproving revisions to Texas' SIP concerning civil penalties for excess emissions resulting from startup, shutdown, and malfunction (SSM) activities. Environmental petitioners sought review of EPA's decision to approve a revis...