In an unpublished opinion, the Ninth Circuit reversed in part and affirmed in part a summary judgment in favor of NMFS and the U.S. Army Corps of Engineers in a challenge against NMFS' 2014 opinions that reversed its decades-long approach to classifying water diversions and hydroelectric dams on the...

The Fifth Circuit upheld EPA's approval of Louisiana's SIP for controlling regional haze. Environmental groups challenged the approval of Louisiana's selection of low-sulfur coal over a more effective pollutant control as the best available retrofit technology to curb emissions at a coal-fired power...

A district court dismissed a lawsuit brought by a Hawaiian resident alleging that an early start to a county construction project harmed two endangered species—the Hawaiian hawk and Hawaiian hoary bat—in violation of the ESA. The resident argued that the county violated its EIS by allowing const...

A district court vacated in part and remanded in part FWS' 2014 determination to remove the Rio Grande cutthroat trout from the ESA list of endangered and threatened wildlife. An environmental group argued that FWS failed to adequately explain why it used different methodologies in its 2008 and 2014...

A district court ordered an electric utility company to obtain a PSD permit to address CAA violations at its coal-fired power plant in Festus, Missouri. EPA argued that the company increased the risk of negative health impacts and premature deaths by releasing excess tons of sulfur dioxide from its ...

The D.C. Circuit vacated EPA's 2018 update to the Cross-State Air Pollution Rule (CSAPR). States and environmental groups argued that EPA violated the CAA by failing to require upwind states to reduce their contribution of ozone precursors to downwind states in accordance with the deadline by which ...