A court holds that a construction company and an individual lacked standing to challenge a U.S. Army Corps of Engineers' permit allowing a developer to fill waters of the United States in connection with the construction of a mixed-use redevelopment project within the New Jersey Meadowlands in East ...

The court dismisses a petition for review challenging a U.S. Environmental Protection Agency (EPA) rule implementing critical use exemptions for methyl bromide, a pesticide with significant ozone-depleting potential. The petitioner argued that EPA violated consensus decisions of the parties to the M...

A district court held that the Animal and Plant Health Inspection Service (APHIS) failed to take a hard look at its decision to deregulate alfalfa genetically engineered to resist the herbicide glyphosate—the active ingredient in "RoundUp." Substantial questions exist as to whether the deregulatio...

The U.S. Supreme Court held that the statute of limitations governing the U.S. Court of Federal Claims requires sua sponte consideration of the timeliness of a lawsuit filed in that court, despite the government's waiver of the issue. The case involved a company's claims that various federal activit...

A district court dismissed an environmental group's claim that the Federal Highway Administration (FHwA) violated the National Environmental Policy Act and the Transportation Act in approving an environmental impact statement (EIS) for a new transportation project designed to improve commuting betwe...

The First Circuit affirmed a lower court order permanently enjoining several members and officials of the Puerto Rico Environmental Quality Board from imposing a $76 million fine on an oil company in connection with leaking underground storage tanks. The lower court was not required to abstain from ...

The D.C. Circuit vacated a lower court judgment enjoining the U.S. Department of the Interior (DOI) from authorizing the Wisconsin Department of Natural Resources to lethally take gray wolves for depredation control. Since the lower court issued its decision, the DOI removed the gray wolf population...

The Court holds that abuse of discretion is the proper standard by which to review a district court's decision to admit or exclude scientific evidence. The Court first holds that the court of appeals applied an overly stringent review of the exclusion of the plaintiff's experts' testimony, thereby f...

The court holds that the Federal Highway Administration and the West Virginia Department of Transportation's decision to support the building of a new, four-lane highway as part of the Appalachian Highway Development System complied with the National Environmental Policy Act and §4(f) of the Depart...

The court holds that the U.S. Forest Service failed to comply with National Forest Management Act (NFMA) and National Environmental Policy Act (NEPA) requirements in determining whether to allow a timber sale in the Payette National Forest in Idaho. The court first holds that the Forest Service fail...