Topic
Every decision we've filed under Environmental (Civil).
The United States Court of Appeals for the First Circuit reversed a district court order remanding a toxic tort case to state court. The appellate court held that General Electric satisfied the federal officer removal statute by demonstrating it acted under federal authority and that the allegations related to its government contracts.
The Fifth Circuit denied a petition for review challenging the Maritime Administration's approval of a deepwater LNG export project. The court held that the environmental petitioners failed to establish Article III standing because they could not demonstrate a concrete, particularized injury traceable to the agency's licensing decision.
The Ninth Circuit affirmed a district court dismissal of a former federal prisoner's challenge to Navy disciplinary proceedings. The appellate court held that the plaintiff failed to identify a final agency action required for subject matter jurisdiction under the Administrative Procedure Act.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal challenging a district court's decision to remand a forest management plan to the agency without vacating it. The court held that the order was not a final decision under the Administrative Procedure Act and that no exception to the administrative remand rule applied.
The Fifth Circuit denied a petition for review challenging the FDA's denial of marketing authorization for menthol-flavored e-cigarettes under the Family Smoking Prevention and Tobacco Control Act.
The Seventh Circuit affirmed a district court order remanding a mass action to state court. The court held that the Class Action Fairness Act's local event exception is jurisdictional and that all claims arose from a single industrial fire.
The Ninth Circuit affirmed that the Endangered Species Act applies to the Bureau of Reclamation's operation of the Klamath Project. The court held that the Bureau retains sufficient discretion to manage water releases for endangered species despite contractual obligations to irrigators.
The Ninth Circuit affirmed that the Endangered Species Act applies to the Bureau of Reclamation's operation of the Klamath Project. The court held that the agency retains sufficient discretion to manage water releases for endangered species despite contractual obligations to irrigators.
The Ninth Circuit reversed a district court dismissal of a class action alleging violations of the Telephone Consumer Protection Act. The panel held that unsolicited calls and texts soliciting real estate brokerage services qualify as telephone solicitations under the statute.
The Tenth Circuit dismissed an appeal challenging the U.S. Forest Service's lethal removal of feral cattle from the Gila National Forest. The court ruled the case moot because the agency withdrew the challenged decision memo and ceased using lethal methods.