News & Analysis as of

Arbitrary and Capricious Environmental Litigation

Mitchell, Williams, Selig, Gates & Woodyard,...

Startup/Shutdown/Malfunction/Clean Air Act: Federal Appellate Court Upholds Title V Affirmative Defense

The United States Court of Appeals District of Columbia Circuit (“Court”) addressed in a September 5th Opinion the validity of the Clean Air Act Startup/Shutdown/Malfunction (“SSM”) affirmative defense. See SSM Litigation...more

Perkins Coie

Cumulative Impacts Analysis of Forest Thinning Project Inadequate Under NEPA

Perkins Coie on

The Ninth Circuit held that the Forest Service’s substantial reduction of a forest thinning project between the Draft and Final EAs did not require repeating the public comment process or considering new alternatives under...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Southern Pinesnake/Endangered Species Act: Center for Biological Diversity Judicial Action Filed Challenging U.S. Fish and...

The Center for Biological Diversity (“CBD”) filed in the United States District Court for the District of Columbia a Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Fish and Wildlife...more

Perkins Coie

Failure to Explain Selection of Project Alternative Violated NEPA and APA

Perkins Coie on

The Ninth Circuit held that the Bureau of Land Management (BLM) acted arbitrarily and capriciously by failing to explain in its Record of Decision why it selected a project alternative that did not meet the development...more

Lowenstein Sandler LLP

Recoverability of State Response Costs to Be Determined Under an Arbitrary and Capricious Standard of Review Limited to the...

Lowenstein Sandler LLP on

On May 30, the United States District Court for the Central District of California determined that judicial review of whether state response costs are recoverable under Section 107(a)(4)(A) of the Comprehensive Environmental...more

Downey Brand LLP

How Flood Insurance and Endangered Species Are Connected

Downey Brand LLP on

Most people would not associate flood insurance with the protection of endangered species. But over the past decade, the Federal Emergency Management Agency (FEMA) has been the target of multiple lawsuits alleging that the...more

Foley Hoag LLP - Environmental Law

Washington Has A Public Trust Obligation to Address Climate Change — So What?

Last week, a trial judge in Washington State, in Foster v. Washington Department of Ecology, ruled that the Public Trust Doctrine requires the State of Washington to address climate change more aggressively. Greenwire’s...more

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