Topic
Every decision we've filed under Environmental (Civil).
The Third Circuit vacated the District Court's denial of a preliminary injunction because the plaintiffs failed to make a facial showing of subject-matter jurisdiction under the Class Action Fairness Act. The court held that alleging residency is insufficient to establish the diversity of citizenship required for federal jurisdiction in CAFA cases.
The Fourth Circuit affirmed a district court order dismissing a pro se civil complaint alleging a First Amendment Free Exercise violation. The appellate court held that the appellants forfeited their right to appellate review by failing to challenge the basis for the dismissal in their informal brief.
The Fourth Circuit affirmed the dismissal of a second lawsuit by real estate firms challenging state reclamation activities at a former coal mine. The court held that the doctrine of claim preclusion barred the plaintiffs from relitigating issues arising from the same site and transaction, and that the remaining claim failed to state a valid cause of action under the Clean Water Act.
The Fifth Circuit withdrew its prior opinion and vacated the EPA's disapproval of Texas's State Implementation Plan, remanding the matter for reconsideration. The court found that the EPA's subsequent notice of proposed rulemaking indicated it relied on new modeling data that was unavailable to Texas when it submitted its plan.
The D.C. Circuit dismissed consolidated petitions challenging the EPA's 2020 Renewable Fuel Standard because intervening statutory changes and the superseding 2022 Rule rendered the case moot. The court held that petitioners could not seek an advisory opinion on a future agency policy when the underlying legal framework had materially shifted.
The Third Circuit vacated a District Court stay that blocked Ligado Networks from enforcing a bankruptcy-approved agreement with AST & Science regarding spectrum rights. The appellate court held that the District Court abused its discretion by misinterpreting the contract and failing to recognize the irreparable harm Ligado would suffer from missing critical FCC deadlines.
The Third Circuit vacated a District Court stay order that blocked Ligado Networks from enforcing a Bankruptcy Court mandate requiring Inmarsat to support an FCC spectrum application. The appellate court ruled that the District Court abused its discretion by misinterpreting the parties' contract and failing to recognize the irreparable harm caused by delaying the FCC's March 2 deadline.
The Ninth Circuit affirmed summary judgment for the Center for Biological Diversity, holding that the Environmental Protection Agency violated the Endangered Species Act by failing to consult before issuing cadmium water quality recommendations. The court found the plaintiff had standing because the EPA's non-binding recommendations predictably influence state water standards, causing concrete injury to listed species.
The Supreme Court vacated a Ninth Circuit stay of a permanent injunction blocking California school policies that prohibit notifying parents of their children's gender transitioning. The Court held that the policies likely violate parents' First Amendment Free Exercise rights and Fourteenth Amendment Due Process rights to direct their children's upbringing.
The Ninth Circuit dismissed petitions from the Cities of Culver City and Malibu challenging FAA flight procedure amendments due to a lack of standing. The court held that the cities failed to prove the 2018 amendments, rather than the original 2016 procedures, posed a reasonable threat to their specific natural resource interests.