The Ninth Circuit affirmed, 2-1, a ruling in a lawsuit concerning the Trump Administration's use of military construction funds to build portions of a border wall along the U.S.-Mexico border. States and an environmental group challenged the Administration's authority to divert funds appropriated fo...
This October Term, the U.S. Supreme Court will be asked to weigh in on three and possibly all four of its pending original jurisdiction controversies over interstate waters. The Court’s past judgments and opinions have established little in the way of “federal common law” governing the states’ interests in shared waters. But they have established this much: these interests vest in states-as-states directly under the U.S. Constitution, even if the Court itself is reluctant to specify the interests with much precision or to enjoin violations thereof.
In County of Maui v. Hawaii Wildlife Fund, the U.S. Supreme Court held, 6-3, that the Clean Water Act requires a national pollutant discharge elimination system permit “when there is the functional equivalent of a direct discharge.” The Court also decided Atlantic Richfield Co. v. Christian, holding, 7-2, that landowners adjacent to a Superfund site were potentially responsible parties under the Comprehensive Environmental Response, Compensation, and Liability Act.
A district court denied environmental groups' motion to preliminarily enjoin or stay a rule issued by CEQ revising the regulations for federal agencies to follow in implementing NEPA. The groups argued that the rule was inconsistent with NEPA because, among other things, it improperly removed the re...
The Ninth Circuit affirmed summary judgment for the U.S. Navy in a challenge to its decisions to relocate troops from Okinawa, Japan, to Guam and construct training facilities on the Commonwealth of the Northern Mariana Islands (CNMI). Environmental groups argued the Navy's decisions were "connected...