A district court granted in part a motion for summary judgment in a challenge to FWS' 2012 biological opinions concerning protections for the threatened Mexican spotted owl. An environmental group argued the opinions, which concluded that timber management activities proposed by the U.S. Forest Serv...
The D.C. Circuit granted a petition to review EPA's 2018 rule that set renewable fuel applicable volumes and percentage standards under the Renewable Fuel Standard Program. Environmental groups argued that the Agency violated the ESA by failing to consult with FWS and NMFS regarding whether the rule...
The D.C. Circuit granted in part and denied in part a petition challenging EPA's update to the Cross-State Air Pollution Rule. Environmental groups and Delaware argued that EPA violated the CAA by failing to require upwind states to eliminate their significant contributions in accordance with the de...
A district court vacated NMFS' 2014 decision not to list the queen conch, a marine mollusk that inhabits the Caribbean Sea and Gulf of Mexico, as endangered or threatened under the ESA. Environmental groups argued the decision should be vacated because NMFS applied a now-vacated agency policy to det...
The D.C. Circuit upheld EPA's implementation of its Renewable Fuel Standards Program, which requires transportation fuel sold in the United States to contain a minimum volume of renewable fuels. Some industry groups argued that EPA arbitrarily refused to revise its 2010 point of obligation rule that...
A district court granted in part and denied in part DOI's motion to dismiss a challenge to its 2017 interpretation of the Migratory Bird Treaty Act that permitted the "incidental" taking of migratory birds. Environmental groups and states argued the agency's interpretation was arbitrary and capricio...
The Fourth Circuit vacated a biological opinion and incidental take statement issued by FWS in connection with a proposed natural gas pipeline that would run from West Virginia to North Carolina. Environmental groups argued that FWS improperly determined that construction of the pipeline would not j...