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Cascadia Wildlands v. Scott Timber Co.

The Ninth Circuit affirmed a district court's permanent injunction in an ESA citizen suit concerning a proposed timber harvesting project on private property in Oregon. Environmental groups argued the project would cause a "take" of marbled murrelets in violation of the ESA by clearing acres of tree...

Center for Biological Diversity v. National Marine Fisheries Service

In an unpublished per curiam judgment, the D.C. Circuit affirmed summary judgment for NMFS in a challenge to the Service's 2019 rule regarding turtle excluder devices. Environmental groups argued the final rule was not adequately explained, that it was not a logical outgrowth of the proposed rule th...

Natural Resource Damages Under CERCLA and OPA

Natural resource damages (NRD) under federal law is a statutory cause of action to compensate for injury to natural resources resulting from releases of hazardous substances or oil. Designated officials are authorized under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Oil Pollution Act (OPA), among others, to act as “trustees” on behalf of the public or tribes.

Center for Environmental Health v. Regan

The Fourth Circuit affirmed dismissal of a TSCA citizen suit concerning EPA's decision on a petition to require testing for 54 per- and polyfluoroalkyl substances (PFAS). Four citizen groups argued that EPA's decision, which granted the petition and agreed to require testing on PFAS as a class throu...