ENVIRONMENTAL LAW CASES

• Am. Bird Consrevancy, Inc. v. FCC
• P & V Enters. v. US Army Corps of Eng'rs

U.S. D.C. Circuit Court of Appeals, February 19, 2008
Am. Bird Consrevancy, Inc. v. FCC, No. 06-1165
Order denying in part and dismissing in part petition seeking protection of migratory birds from collisions with communications towers in the Gulf Coast region is vacated as respondent failed to apply the proper National Environmental Policy Act standard, to provide a reasoned explanation on consultation under the Endangered Species Act, and to provide meaningful notice of pending tower applications. Read more...

U.S. D.C. Circuit Court of Appeals, February 19, 2008
P & V Enters. v. US Army Corps of Eng'rs, No. 07-5060
Dismissal of facial challenge to 1986 rule regarding "waters of the United States," in the context of regulating navigable waters under the Clean Water Act, is affirmed based on lack of subject-matter jurisdiction, rather than failure to state a claim. Read more...