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Aransas Project v. Shaw

The Fifth Circuit denied a motion to rehear its earlier decision that the Texas Commission on Environmental Quality (TCEQ) did not cause the unlawful take of endangered whooping cranes in the Aransas National Wildlife Refuge in violation of ESA §9. All but 4 of the 15 circuit court judges voted aga...

Trumpeter Swan Society v. Environmental Protection Agency

The D.C. Circuit upheld EPA's denial of a petition filed by 101 environmental groups asking the Agency to regulate spent lead bullets and shot under TSCA. EPA rejected the petition as “non-cognizable” under TSCA §21 on the grounds that it largely duplicated an earlier petition that two of the 1...

Across Big Sky Flow Testing, LLC v. Workforce Safety & Insurance

The North Dakota Supreme Court upheld an administrative law judge's (ALJ's) award of benefits in the death of an oil-tank worker. According to the medical examiner's report, the worker died from hydrocarbon poisoning due to the inhalation of petroleum vapors from oil storage tanks. His employer argu...