JANUARY 2020 -
FEDERAL APPELLATE COURTS -
U.S. Court of Appeals for the Fifth Circuit -
El Paso County, Texas, et al. v. Donald J. Trump, et al.
On January 8, 2020, a divided panel of the court quickly granted a...more
1/27/2021
/ Clean Air Act ,
Clean Water Act ,
Coal ,
Damages ,
Deepwater Horizon ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
NEPA ,
Oil Spills ,
Rivers ,
Trump Administration ,
US Army Corps of Engineers ,
US Fish and Wildlife Service ,
US-Mexico Border Wall ,
Water ,
Wildlife Protection
The last few weeks have yielded a number of interesting developments in the Federal courts. FEDERAL COURTS OF APPEAL - In re Flint Water Cases - Several local and State of Michigan officials, including the former governor,...more
On November 27, 2018, the U.S. Supreme Court issued a ruling vacating and remanding the U.S. Court of Appeals for the Fifth Circuit’s decision in Weyerhaeuser Company v. U.S. Fish and Wildlife Service. ...more
Today, the U.S. Supreme Court announced its intention to hear a hotly-contested Endangered Species Act (ESA) case involving the “dusky gopher frog.” This frog’scritical habitat was determined by the lower courts to include...more
Last March, the U.S. Court of Appeals for the Tenth Circuit revered the District Court’s ruling that the U.S. Fish and Wildlife Service (Service) could not subject the Utah Prairie Dog to Endangered Species Act-protected...more
On October 25, the U.S. Court of Appeals for the Ninth Circuit vacated the Dan Calver Wallen’s conviction for killing three grizzly bears in violation of the Endangered Species Act, 16 U.S.C. §§ 1531 et seq. (ESA). The case...more
On August 9, the U.S. Court of Appeals for the Fifth Circuit, in an unpublished opinion, decided the case of Friends of Lydia Ann Channel v. U.S. Army Corps of Engineers, vacating the preliminary injunction issued by the U.S....more
In the case of Defenders of Wildlife. et al., v. Zinke., et al., the U.S. Court of Appeals for the DC Circuit reversed the U.S. District Court for the District of Columbia, and reinstated the U.S. Department of the Interior’s...more
On February 13, a sharply divided U.S. Court of Appeals for the Fifth Circuit , by a vote of 8 to 6, rejected a petition seeking an en banc rehearing of the court’s initial decision in the case of Markel Interests, LLC, et...more
On October 24, the U.S. Court of Appeals for the Ninth Circuit reversed the district court and upheld the determination of the National Marine Fisheries Service (NMFS). The NMFS concluded that two distinct population species...more
This decision is reminiscent of a fairytale about a princess and her frog prince and the croaking chorus of the Frogs of Aristophane. On June 30, the U.S. Court of Appeals for the Fifth Circuit issued a significant ruling...more
This blog, although not brief, is a brief report on some of the significant environmental law and administrative cases decided in late December and the first quarter of 2016.
U.S. SUPREME COURT -
FERC Final Rule re...more
5/18/2016
/ CERCLA ,
Citizen Suits ,
Clean Air Act ,
Electricity ,
Endangered Species ,
Environmental Protection Agency (EPA) ,
FERC ,
FERC v Electric Power Supply Association ,
Food and Drug Administration (FDA) ,
Hawkes Co v United States Army Corps of Engineers ,
Hazardous Waste ,
Mining ,
RCRA ,
Statute of Limitations ,
Sturgeon v Frost ,
Tobacco ,
Utilities Sector
The courts continue to be busy issuing significant Endangered Species Act (ESA) rulings. In the latest one, issued in early wolverineApril, the U.S. District Court for Montana, Missoula Division, in Defenders of Wildlife v....more