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Annual Supreme Court Review and Preview
The U.S. Supreme Court's October Term 2022 had major implications for environmental law, including its most significant Clean Water Act decision ever. Upcoming cases in October Term 2023 have the potential to be just as impactful. On September 25, 2023, the Environmental Law Institute hosted a panel of experts who provided an overview of key rulings and major take-aways from the Court’s prior term, and discussed cases that have been granted review or are likely to be considered by the justices in the upcoming term.
Center for Biological Diversity v. Haaland
A district court granted in part summary judgment for environmental groups in a challenge to a National Park Service (NPS) agreement with Miami-Dade County to facilitate development of a waterpark, hotel, and retail area near the Miami Zoo. The groups argued NPS violated NEPA and the ESA by failing ...
Center for Biological Diversity v. Haaland
The Ninth Circuit reversed summary judgment for FWS in a challenge to its biological opinion (BiOp) concerning water pumping impacts on ESA-protected species in Arizona's San Pedro River Basin. An environmental group argued the BiOp, which concluded that a conservation easement proposed to compensat...
Flathead-Lolo-Bitterroot Citizen Task Force v. Montana
A district court granted in part and denied in part environmental groups' motion to preliminarily enjoin the state of Montana's wolf trapping and snaring season as authorized by recently approved regulations. The groups argued the regulations, which expanded both the length of the season and the geo...
Center for Biological Diversity v. U.S. Fish and Wildlife Service
A district court granted FWS' motion for partial voluntary remand in a challenge to its decision to list the eastern black rail as threatened instead of endangered. Environmental groups argued FWS' decision, and related determination that designation of critical habitat for the rail was "not prudent...