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Friends of the Clearwater v. Higgins
A district court denied environmental groups' motion to preliminarily enjoin a commercial logging and road construction project in the Idaho Panhandle National Forests. The groups argued that the Forest Service violated the ESA by failing to request a species list from FWS and failing to prepare a b...
New York v. Environmental Protection Agency
The D.C. Circuit vacated EPA's denial of New York's petition concerning cross-border pollution from nine upwind states. The state had asked EPA to find that power-generating and other facilities in the nine states were violating the CAA's "good neighbor" provision by producing emissions that contrib...
Clean Wisconsin v. Environmental Protection Agency
The D.C. Circuit granted in part and denied in part petitions to review EPA's attainment designations for its 2015 ozone NAAQS. Environmental groups, municipal governments, and the state of Illinois argued that the Agency failed to follow its own scientific and technical record when it decided that ...
National Parks Conservation Ass'n v. North Dakota Department of Environmental Quality
The North Dakota Supreme Court affirmed a lower court ruling upholding the North Dakota Department of Environmental Quality's issuance of an air quality permit to construct a refinery. A conservation group argued the Department's omission of an enforceable permit limit for hazardous air pollutants (...
Helena Hunters and Anglers Ass'n v. Marten
A district court granted in part summary judgment for nonprofit groups in a suit concerning a logging project in the Helena-Lewis and Clark National Forest. One group argued the project violated the Roadless Rule because the Forest Service was surreptitiously planning to construct new roads in an in...
Citizens for Pennsylvania's Future v. Wheeler
A district court dismissed for lack of subject matter jurisdiction a suit concerning EPA's CAA obligations to regulate pollution from coke ovens. Environmental groups argued the CAA required EPA to perform a risk assessment every time it revised its technology-based standards for a hazardous polluti...
Sierra Club v. United States Environmental Protection Agency
The Tenth Circuit held that EPA erred in denying an environmental group's petition to review the renewal of a state-issued Title V operating permit for a coal-fired power plant in Utah. The group's petition argued that EPA should object to the renewal because it failed to "assure compliance" with al...
Crow Indian Tribe v. United States
The Ninth Circuit affirmed in part and remanded in part a district court order remanding to FWS several issues concerning its 2017 rule removing ESA protections for the Greater Yellowstone grizzly bear population. The district court held that FWS failed to adequately consider the impact of delisting...
Defining Habitat to Promote Conservation Under the ESA
The U.S. Supreme Court’s opinion in Weyerhaeuser Co. v. U.S. Fish & Wildlife Service raises important questions about the scope of the Endangered Species Act’s (ESA’s) protections for critical habitat. Foremost among them is a question one might think was long settled: what is “habitat”? In a short ruling, the Weyerhaeuser Court opined that “critical habitat” must first be “habitat,” but it did not attempt to define exactly what habitat is or how much deference the U.S. Fish and Wildlife Service should get on what is both a biological and policy question.