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Civil Procedure

Oregon Cattlemen's Association v. U.S. Environmental Protection Agency

In an unpublished opinion, the Ninth Circuit reversed the denial of an environmental group's motion to intervene in a lawsuit challenging EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. The court found that the group...

Dine Citizens Against Ruining Our Environment v. Bureau of Indian Affairs

The Ninth Circuit upheld dismissal of a lawsuit challenging a set of agency decisions that reauthorized coal mining activities on lands reserved to the Navajo Nation. In the district court, environmental groups argued that the agencies...

Montanore Minerals Corp. v. Montana Department of Environmental Quality

A state court dismissed a lawsuit filed by a mining company challenging the Montana Department of Environmental Quality's labeling of the company's chief executive officer as a "bad actor" under state mining law, effectively prohibiting...

California v. Bureau of Land Management

A district court denied BLM's motion to transfer a lawsuit over BLM's hydraulic fracturing rule from California to Wyoming. The agency argued that moving the lawsuit to Wyoming would avoid potentially conflicting legal precedents...

Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers

A district court held that a Native American tribe may file its own complaint as an intervenor in another tribe's challenge to U.S. Army Corps of Engineers permits for the Dakota Access pipeline. The court agreed with the petitioning...

Murray Energy Corp. v. United States Department of Defense

The Sixth Circuit, in litigation over the "waters of the United States" (WOTUS) rule, held that an internal U.S. Army Corps of Engineers memorandum critical of the rule's technical analysis may be included in the record. Petitioners...

St. Bernard Parish Government v. United States

The Court of Federal Claims held that residents and businesses in New Orleans' Ninth Ward and the neighboring St. Bernard Parish may file class-action lawsuits against the government for flood damage caused by Hurricane Katrina. A year...

Boler v. Earley

A district court held it lacks subject matter jurisdiction over a class action lawsuit that stems from the water contamination crisis in Flint, Michigan. The plaintiffs alleged that the city violated their constitutional rights and...

Shell Offshore Inc. v. Greenpeace, Inc.

The Ninth Circuit dismissed an environmental group's appeal of a preliminary injunction that barred it from interfering with oil exploration activities in the...

Adams v. Grefer

The Fifth Circuit held that a mass action lawsuit in Louisiana concerning personal injury and property damages due to alleged contamination exposure may not be removed to federal court under the Class Action Fairness Act (CAFA). The...

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