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Friends of Tims Ford v. Tennessee Valley Auth.

The Sixth Circuit held that a group of residents lacked standing to challenge the TVA's implementation of a land management plan for a nearby reservoir under NEPA and the Tennessee Valley Authority Act. The residents failed to connect the procedural harm alleged in their complaint—the creation of ...

White v. United States

The Sixth Circuit affirmed a lower court decision that dismissed plaintiffs’ pre-enforcement challenge to the anti-animal-fighting provisions of the Animal Welfare Act (AWA) on the grounds that plaintiffs lacked standing. The court held that none of plaintiffs’ claimed injuries were sufficient t...

Hartz Mountain Indus., Inc. v. Polo

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 ...

Natural Resources Defense Council v. EPA

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...

Geertson Seed Farms v. Johanns

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...

Seattle Audubon Soc'y v. Sutherland

A district court granted in part and denied in part environmental groups' motion to preliminarily enjoin all logging of suitable spotted owl habitat on private lands in owl circles outside of spotted owl special emphasis areas throughout the state of Washington. The court granted the groups' request...

John R. Sand & Gravel Co. v. United States

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...

Esso Standard Oil Co. v. Lopez-Freytes

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 ...

Humane Soc'y of the United States v. Kempthorne

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...

General Elec. Co. v. Joiner

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...