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El Paso, Texas v. Trump

The Fifth Circuit, 2-1, affirmed in part and reversed in part a ruling enjoining the Trump Administration from using military funds to build portions of a border wall along the U.S.-Mexico border. El Paso County and a nonprofit group...

Sierra Club v. Trump

The Ninth Circuit affirmed, 2-1, a ruling in a lawsuit concerning the Trump Administration's use of military construction funds to build portions of a border wall along the U.S.-Mexico border. States and an environmental group...

Breaking Precedent: SCOTUS in the Midst of a Pandemic

In County of Maui v. Hawaii Wildlife Fund, the U.S. Supreme Court held, 6-3, that the Clean Water Act requires a national pollutant discharge elimination system permit “when there is the functional equivalent of a direct...

Time to Rethink the Supreme Court’s Interstate Waters Jurisprudence

This October Term, the U.S. Supreme Court will be asked to weigh in on three and possibly all four of its pending original jurisdiction controversies over interstate waters. The Court’s past judgments and opinions have established...

Kansas Natural Resource Coalition v. United States Department of Interior

The Tenth Circuit affirmed dismissal of a challenge brought by an environmental group concerning conservation of the lesser prairie chicken. The group had argued that FWS unreasonably delayed submitting to Congress a 2003 policy...

El Paso, Texas v. Trump

The Fifth Circuit blocked a preliminary injunction issued by a district court that had barred the Trump Administration from using military funds to build portions of a border wall along the U.S.-Mexico border. The district court had...

Center for Biological Diversity v. Bernhardt

The Ninth Circuit affirmed a district court's dismissal of an environmental group's request to compel DOI to reinstate the Refuges Rule, which prohibited Alaska's predator-control methods on national wildlife refuges as well as certain...

Indigenous Environmental Network v. President Donald J. Trump

A district court denied a motion to dismiss a challenge to President Trump's issuance of a permit authorizing a pipeline company to construct a cross-border segment of the Keystone XL oil pipeline. Environmental groups argued the permit...

Trump v. Sierra Club

The U.S. Supreme Court granted the Trump Administration's request to stay a district court order enjoining the use of military funds to build portions of a border wall along the Mexican border. The Court found that the government made a...

Tugaw Ranches, LLC v. United States Department of the Interior

A district court denied BLM's and the U.S. Forest Service's motion to dismiss a challenge by a cattle rancher for failing to submit land use plan amendments to protect the greater sage-grouse to Congress for review. The rancher, which...

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