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Yaw v. The Delaware River Basin Commission

A district court dismissed two Pennsylvania state senators' challenge to the Delaware River Basin Commission's imposition of a moratorium on gas drilling and hydraulic fracturing in the Delaware Basin. The senators argued, among other things, that the moratorium exceeded the Commission's authority. ...

Farmworkers Ass'n of Florida v. Environmental Protection Agency

The D.C. Circuit vacated EPA's authorization of the pesticide aldicarb for use on oranges and grapefruit in Florida. EPA had moved to remand without vacatur. The court found the Agency itself acknowledged it did not make an effects determination as required by §7(a)(2) of the ESA, and that it admit...

Indigenous Environmental Network v. President Donald J. Trump

A district court overrode the Biden Administration's objections to a lawsuit challenging President Trump's issuance of a presidential permit in 2019 for construction of a cross-border segment of the Keystone XL pipeline. Environmental groups argued the former president violated the Property Clause, ...