News & Analysis as of

Standing Article III Environmental Policies

Dorsey & Whitney LLP

Energy Law: Month in Review - July 2024

Dorsey & Whitney LLP on

Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month....more

Nossaman LLP

Federal Court Dismisses Fishing Industry Challenge to Massachusetts Offshore Wind Project

Nossaman LLP on

On Thursday, October 12, 2023, Judge Indira Talwani of the U.S. District Court for the District of Massachusetts granted summary judgment in favor of the United States Department of the Interior and Vineyard Wind, and denied...more

Jones Day

Federal Court Dismisses NEPA Challenge, Leaving Trump-Era Regulations in Effect, but Stalled During Biden Reconsideration

Jones Day on

On June 21, 2021, a federal district court in Virginia dismissed a lawsuit filed by environmental groups against the Trump-era overhaul of regulations under the National Environmental Policy Act ("NEPA"). Our prior article...more

Nossaman LLP

SCOTUS Won’t Wade Into the Chicken Coop

Nossaman LLP on

On June 7, 2021, the U.S. Supreme Court (“SCOTUS”) agreed with the Department of Justice and declined to hear a case brought by the Kansas Natural Resource Coalition (Coalition) challenging the U.S. Fish and Wildlife...more

Nossaman LLP

D.C. Circuit Shuts Down Challenge to Species Status Assessments

Nossaman LLP on

In a per curiam decision, the United States Court of Appeals for the D.C. Circuit dismissed the Center for Biological Diversity’s (CBD) challenge to the Fish and Wildlife Service’s (Service) process for assessing the status...more

Bennett Jones LLP

Climate Change Class Action Dismissed as Non-Justiciable

Bennett Jones LLP on

After much legal wrangling since the claim was launched against the U.S. federal government and the Office of the President of the United States in 2015, the U.S. Court of Appeals for the Ninth Circuit recently dismissed the...more

Jones Day

Ninth Circuit Dismisses Major Climate Change Lawsuit Against the Federal Government - Court rejects request for extraordinary...

Jones Day on

The private sector is increasingly the target of climate change litigation. These lawsuits seek to hold private companies liable for climate change under state public and private nuisance law. Although the most recent wave of...more

WilmerHale

Ninth Circuit Watch: Panel Holds That Climate Change Activists Lack Standing to Sue Federal Government

WilmerHale on

On January 17, a divided panel of the U.S. Court of Appeals for the Ninth Circuit held in Juliana v. United States that a coalition of young people lacked standing to require the federal government to develop a plan to “phase...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l December 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - Senate Confirms FDA Commissioner - The U.S. Senate has voted to confirm Stephen Hahn as the commissioner of the U.S. Food and Drug Administration (FDA). Hahn, an expert in...more

Farrell Fritz, P.C.

SEQRA Challenge Rejected by Appellate Court Because of Lack of Standing and Untimeliness of the Challenge

Farrell Fritz, P.C. on

Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of challenging a SEQRA determination. A decision from the Appellate Division, Third...more

Gray Reed

Not Everybody Can Sue the EPA

Gray Reed on

That’s a good thing if you like what the EPA is doing, not so much if you are its sworn enemy. In Center for Biological Diversity v. US EPA the plaintiff did not have standing so sue the EPA over the granting of a water...more

Nossaman LLP

Environmental Groups’ NEPA Challenge to USDA Wolf Killing Survives

Nossaman LLP on

On April 23, 2019, the U.S. Court of Appeals for the Ninth Circuit found that environmental groups have standing to challenge the federal government’s killing of gray wolves in Idaho without conducting additional analysis...more

Foley Hoag LLP - Environmental Law

Citizen Plaintiffs Lose a Climate Suit — Let Me Count the Ways

Yesterday, Judge Paul Diamond dismissed climate litigation brought by the Clean Air Council and two minor plaintiffs. Like the Juliana case in Oregon, the plaintiffs argued that the government had violated the their rights by...more

Nossaman LLP

Ninth Circuit Dismisses Challenge to Policy regarding ESA Criminal Prosecutions

Nossaman LLP on

In WildEarth Guardians et al. v. U.S. Department of Justice, Case Nos. 17-16677, 17-16678, 17-16679 (Oct. 23, 2018), the U.S. Court of Appeals for the Ninth Circuit dismissed plaintiff-appellees case challenging the U.S....more

Perkins Coie

Petitioner’s Failure To Comply With Discovery Regarding Its Standing To Sue Results In Dismissal Of CEQA Case

Perkins Coie on

A CEQA case challenging the City of Wildomar’s approval of a Wal-Mart retail complex has been dismissed because the petitioner refused to comply with discovery requests regarding its standing to sue. Creed-21 v. City of...more

Orrick, Herrington & Sutcliffe LLP

Natural Gas Infrastructure Opponents Appeal Loss in Their Campaign to Invalidate Federal Energy Regulatory Commission's Processes

Despite a series of lopsided losses, natural gas infrastructure opponents continue to probe the Federal Energy Regulatory Commission (FERC) and its infrastructure approval processes for systemic weaknesses. At the end of...more

16 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide