Constitutional Law

A district court granted in part and denied in part New York's motions to dismiss a company's counterclaims against it in the state's underlying CERCLA action for response costs.…

A district court upheld Oregon's clean fuels program, which seeks to reduce lifecycle emissions of greenhouse gases (GHG) from transportation fuels by 10% over a 10-year period. Trade…

The Ninth Circuit held that California's commercial fishing fees for nonresidents violates the Privileges and Immunities Clause of the U.S. Constitution. California's commercial fishing…

The Ninth Circuit held that the U.S. Forest Service's continued authorization of a 6-foot-tall Jesus statue on national forest land overlooking a northwestern Montana ski resort does not…

The D.C. Circuit reaffirmed its prior decision that the Securities and Exchange Commission's (SEC's) "conflict materials" rule violates the First Amendment. SEC issued the rule…

The Tenth Circuit upheld on constitutional grounds Colorado's mandate that 20% of the electricity that generators sell to Colorado consumers come from renewable sources. A conservative energy…

The U.S. Supreme Court held that a USDA marketing order under the Agricultural Marketing Agreement Act of 1937 requiring raisin producers to participate in a raisin reserve program violates the…

The First Circuit reversed a lower court decision dismissing a lawsuit concerning a proposed offshore wind power generation facility in Nantucket Sound. Opponents of the facility—a town, an…

The Federal Circuit upheld a lower court decision dismissing on jurisdictional grounds a landowner's Fifth Amendment takings claim against the government in connection with a CWA permit…

The Federal Claims Court held that the U.S. Army Corps of Engineers' construction, expansions, operation, and failure to maintain the Mississippi River-Gulf Outlet (MR-GO) caused subsequent…