Topic
Every decision we've filed under Environmental (Civil).
The Ninth Circuit affirmed the dismissal of a lawsuit challenging three executive orders on energy policy. The court held that the plaintiffs lacked Article III standing because their alleged injuries were too speculative and the requested relief was beyond the power of the federal courts.
The Fifth Circuit affirmed summary judgment for BP in a toxic tort case arising from the Deepwater Horizon oil spill. The court held that the plaintiff's expert testimony failed to establish general causation because it did not link the specific chemical exposure to the plaintiff's specific cancer.
The United States Court of Appeals for the Fifth Circuit remanded consolidated environmental litigation to the district court following a Supreme Court directive. The appellate court concluded that the energy companies plausibly alleged their actions related to federal duties under the federal officer removal statute.
The United States Court of Appeals for the Fifth Circuit remanded environmental litigation to the district court following a Supreme Court directive. The appellate court concluded that the energy companies plausibly alleged their case satisfied the federal officer removal statute.
The Eleventh Circuit held that the federal ban on local regulations that effectively prohibit cellular services applies only to municipal rules, not to individual permit denials. The court vacated the district court's judgment and remanded the case for further proceedings.
The Eleventh Circuit reversed a district court dismissal, holding that an environmental group had standing to challenge a coal ash closure plan. The court also found the claims ripe for review despite arguments about future implementation delays.
The Fifth Circuit granted Louisiana's motion to stay the FDA's 2023 regulation allowing remote dispensing of mifepristone. The court held that the agency's admission of failing to study remote dispensing safety created irreparable harm that outweighed the public interest in maintaining the rule.
The First Circuit granted the Commissioners' motion to stay a preliminary injunction that had blocked New Hampshire from repealing its motor vehicle emissions inspection program. The court held that the state likely succeeded on the merits because the Clean Air Act does not authorize citizen suits based on purely prospective violations of State Implementation Plans.
The Fifth Circuit affirmed the denial of a debtor's motion to void bankruptcy property sales, ruling that individual debtors lack standing under 11 U.S.C. § 363(n) to pursue claims reserved for trustees. The court further held that the debtor's attempt to reopen the sales was barred by res judicata and statutory time limits.
The Ninth Circuit affirmed summary judgment for the government, holding that the statutory marriage fraud bar applies even when no immigration benefit was actually sought in the prior fraudulent marriage. The court further ruled that USCIS satisfied due process requirements by relying on an ex-spouse's testimony without cross-examination, given the presence of independent evidence and the administrative burden of such hearings.