Case Law Index Administrative Law
January 1, 2002 – April 10, 2026
This index provides a comprehensive though not necessarily exhaustive compilation of reported and unreported federal and state court decisions involving Administrative Law that were decided between the dates listed above. The cases are listed in reverse chronological order. The “Text” link goes to the freely available Google Scholar text of the opinion. These listings are for educational purposes only and are not a substitute for legal counsel.
SUPREME COURT
Trump v. Orr, No. 25A319, 2025 WL 3097824 (2025) (APA claim; Court held the Government was likely to succeed in its defense of the claim that the agency acted arbitrarily and capriciously under the APA). Text
Department of State, et al. v. AIDS Vaccine Advocacy Coalition et al., No. 25A269, 2025 WL 2740571 (Mem) (2025) (Impoundment Control Act precludes the challenge by respondents’ under the APA). Text
National Institutes of Health, et al., v. American Public Health Association, et al., No. 25A103, 145 S. Ct. 2658, 606 U.S. __ (2025) (Court held the APA’s limited waiver of sovereign immunity did not give the District Court authority to order relief that would enforce obligation to pay out grant funds.) Text
Donald Trump, President of the United States, et al., v. American Federation of Government Employees, et al., 145 S. Ct. 2635 (2025) (Court held the Government will likely succeed under the argument that the Executive Order and Memorandum is unlawful.) Text
Federal Communications Commission, et al, v. Consumers’ Research, et al., 145 S. Ct. 2482 (2025) (The Court held that the “intelligible-principle” standard that guides the nondelegation doctrine applies to revenue-raising legislation, and the first, second delegation does not violate the nondelegation doctrine. Additionally, the two parts of the “double-layered delegation” does not violate the nondelegation doctrine.) Text
Kennedy v. Braidwood Management, Inc., 145 S. Ct. 2427, 606 U.S. 748 (2025) (The Court held that “Task Force” members were inferior officers under the Appointments Clause, and the Secretary of HHS had the power to removal them at will and supervise them.) Text
Riley v. Bondi, 145 S. Ct. 2190, 606 U.S. 259 (2025) (The Court held that the final administrative review order issued by DHS was a final order of removal and the order denying Convention Against Torture is not a final order of removal.) Text
McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, 145 S. Ct. 2006, 606 U.S. 146 (2025) (The Court held that “absent express statutory preclusion of judicial review, a district court in an enforcement proceeding is not bound by an agency’s pre-enforcement statutory interpretation but must determine the meaning of the statute itself, and Hobbs Act did not preclude district court from disagreeing with FCC’s statutory interpretation.”) Text
Diamond Alternative Energy, LLC v. Environmental Protection Agency, 145 S. Ct. 2121, 606 U.S. 100 (2025) (The Court addressed Article III standing issues.) Text
Food and Drug Administration v. R.J. Reynolds Vapor Co., 606 U.S. 226, 145 S. Ct. 1984 (2025) (Petition seeking judicial review of FDA’s denial of manufacturers application for premarket authorization to sell a new tobacco product; Court held the retailers had a right to petition for review.) Text
Nuclear Regulatory Commission v. Texas, 145 S.Ct. 1762, 605 U.S. 665 (2025) (Court held that the State of Texas and the company were not parties “aggrieved” under the Hobbs Act’s judicial review.)
Oklahoma v. Environmental Protection Agency, 145 S.Ct. 1720, 605 U.S. 609 (2025) (Court held that under CAA’s venue provisions, the relevant EPA action was the agency’s individual disapprovals of OK and Utah’s state implementation plans.) Text
Environmental Protection Agency v. Calument Shreveport Refining, L.L.C., et al., 145 S. Ct. 1735, 605 U.S. 627 (2025) (The Court held that the EPA’s denial of the refinery’s exemption petition continued a relevant “action” under the CAA’s venue provision.) Text
Seven County Infrastructure Coalition v. Eagle County, Colorado, 145 S.Ct. 1497, 605 U.S> 168 (2025) (Court held that a reviewing court revieing an EIS under NEPA should give substantial deference to an agency and “should not micromanage an agency’s choices about the depth and breadth of its injury, so long as the choices fall within a broad zone of reasonableness.)
Trump v. Wilcox, 145 S.Ct. 1415 (2025) (Court held that “Government was likely to success on merits of its claim that President’s executive power allowed him to terminate the Members without cause, and risk of harm to Government favored stay pending Government’s appeal.”)
Monsalvo v. Bondi, 145 S. Ct. 1232, 604 U.S. 712 (2025) (Court held that “noncitizen’s argument was not precluded by his failure to petition for judicial review immediately after entry of final order of removal, and the meaning of the term “60 days” in final order of removal and voluntary-departure statute was reviewable as question of law arising from final order of removal.) Text
Trump v. J.G.G. 145 S. Ct. 1003, 604 U.S. 670 (2025) (Court held that the plaintiffs needed notice in a reasonable time that they were subject to removal by the President.) Text
Department of Education v. California, 145 S. Ct. 966, 604 U.S. 650 (2025) (Suit filed under APA claiming the termination of grants was arbitrary). Text
FDA v. Wages and White Lion Investment, 145 S.Ct. 898, 604 U.S. 542 (2025) (Court held that the APA change in position doctrine governed whether the FDA acted arbitrarily and capriciously.) Text
Bondi v. VanDerStok, 145 S.Ct. 857, 604 U.S. 458 (2025) (Reviewing the ATF’s rule defining certain terms) Text
Bufkin v. Collins, 145 S.Ct. 728, 604 U.S. 369 (2025) (Review of administrative decision; Court must review the VA’s statements of law de novo.) Text
City and County of San Francisco, California v. EPA 145 S. Ct. 704, 604 U.S. 334 (2025) (Court held that the CWA’s effluent-limitations provisions that gives NPDES agency’s permitting authority to impose more stringent standards but this does not allow them to authorize “end-result” provisions in NPDES permits.) Text
Bouarfa v. Mayorkas, 145 S.Ct. 24, 604 U.S. 6 (2024) (Action under APA against DHS; Court held the revocation by DHS was a discretionary decision barred from judicial review.) Text
Corner Post, Inc. v. Board of Governors of the Federal Reserve System, 144 S. Ct. 2440, 603 U.S. 799 (2024) (APA claim does not accrue for purposes of 28 U.S.C. § 2401(a)- the default 6-year statute of limitations applicable to suits against the United States- until the plaintiff is injured by final agency action) Text
Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce, et al., 144 S. Ct. 2244, 219 L. Ed. 2d 832 (2024) (overruled Chevron agency deference case) Text
S.E.C. v. Jarkesy, 144 S. Ct. 2117, 603 S. Ct. 1 (2024) (When SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial.) Text
Axon Enter., Inc. v. Fed. Trade Comm’n, 143 S. Ct. 890 (2023) (party may bring constitutional challenges to agency’s use of ALJs in its administrative enforcement proceedings directly in federal district court without first litigating to conclusion the administrative proceeding) Text
W. Virginia v. Env’t Prot. Agency, 142 S. Ct. 2587, 213 L. Ed. 2d 896 (2022) (agency failed to prove the case was moot; in accordance with the major questions doctrine, in certain cases involving laws that provide authority to an administrative agency, the agency is required to show clear congressional authorization for the authority it claims) Text
Lucia v. S.E.C., 138 S. Ct. 2044, 201 L. Ed. 2d 464 (2018) (arguing that Administrative Law Judge tenure protections are impermissible) Text
Lea v. Perdue, 139 S. Ct. 2028 (2019) (alleged failure to protect Petitioner from foreclosure) Text
PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., 139 S. Ct. 2051, 588 S. Ct. 1 (2019) (challenging validity of an Order) Text
Food Mktg. Inst. v. Argus Leader Media, 139 S. Ct. 2356, 588 S. Ct. 427 (2019) (action for FIOA request seeking SNAP data) Text
Weyerhaeuser Co. v. U.S. Fish & Wildlife Serv., 139 S. Ct. 361 (2018) (action challenging Fish and Wildlife Service’s designation of their land) Text
Horne v. Dept. of Agric., 569 U.S. 513 (2013) (Tucker Act jurisdiction in CFC was withdrawn through AMAA comprehensive remedial scheme) Text
Monsanto Co. v. Geertson Seed Farms, 561 U.S. 139 (2010) (suit brought under APA) Text
Wilkie v. Robbins, 551 U.S. 537 (2007) (intimidation to extract easement by BLM; Blevins damages) Text
Franconia Assocs. v. United States, 536 U.S. 129 (2002) (violation of the Tucker Act and the Fifth Amendment’s Takings Clause) Text
FIRST CIRCUIT
New York v. Trump, Nos. 25-1236, 25-1413, 2026 WL 734941 (1st Cir. Mar. 16, 2026) (Challenge to OMB’s directive under the APA; Tucker Act)
Outer Cape Lobstermen’s Association v. Atlantic States Marine Fisheries Commission, No. 98-CV-10165-WGY, 2026 WL 319148 (D. Mass. Feb. 5, 2026) (Court held APA does not provide an independent cause of action against the defendants.) Text
New York v. Trump, 811 F. Supp.3d 215 (D. Mass. Dec. 8, 2025) (Challenge executive memorandum directing federal agencies to suspend issuance of new permits for wind energy projects, offshore and onshore, under APA. Court held the memo was arbitrary and capricious in violation of APA.) Text
Thompson v. Wilson, 159 F.4th 91 (1st Cir. Nov. 18, 2025) (Action challenging Maine Department of Marine Resources rule requiring lobstermen to install tracking devices on vessels and share data. Claim violation of Fourth Amendment.) Text
Massachusetts v. USDA, 2025 WL 3155810, No. 1:25-cv-13165-IT (D. Mass. Nov. 12, 2025) (Claim against USDA for SNAP suspension funding; Court held that states were likely to success on several points of their claim under APA.) Text
Rhode Island State Council of Churches v. Rollins, No. 25-cv-569-JJM-AEM, 2025 WL 3111213 (D. Rhode Island, Nov. 6, 2025) (Claimants sought TRO against USDA to force the disbursement of SNAP funding; Court held that the claimants may succeed on the merits of their claim under the APA.) Text
Association of American Universities v. Department of Defense, No. 25-11740-BEM, 2025 WL 2899765 (D. Mass. Oct. 10, 2025) (DOD’s policy of caping reimbursement of costs on research grants to IHEs was arbitrary and capricious.) Text
New York v. Kennedy, 155 F. 4th 67 (Sept. 17, 2025) (Claim against HHS’s reduction-in-force plans that alleges it violates APA.) Text
Massachusetts v. Trump, 790 F. Supp. 3d 8 (D. Mass., July 3, 2025) (Allege the withdrawal of the Outer Continental Shelf violates the APA.) Text
Woonasquatucket River Watershed Council v. USDA, 778 F. Supp. 3d 440 (D. Rhode Island, Apr. 15, 2025) (Court held that the claimants likely to succeed on merits of the claim that the funding freeze violated the APA, meaning it was arbitrary and capricious.). Text
State of Maine v. USDA, 778 F. Supp. 3d 200, 121 Fed. R. Serv. 3d 906 (D. Maine, Apr. 11, 2025) (State claim USDA violated APA by terminating and freezing federal funds.) Text
New York v. Trump, 769 F. Supp. 3d 119 (D. Rhode Island, Mar. 6, 2025) (Seeking judicial review under APA of the freezing of funds by OMB and Executive Order.) Text
California v. U.S. Department of Education, 132 F. 4th 92 (March 21, 2025) (Court held the suit was not exempted under the APA) Text
National Trust for Historic Preservation v. Buttigieg, 125 F. 4th 278 (Jan. 10, 2025) (Court held that under the APA, the FHWA’s failure to reopen the record was not arbitrary and capricious.) Text
Akinsanya v. Garland, 125 F. 4th 287 (Jan 10, 2025) (Court reviewed the interpretation of Immigration Judge and Board of Immigration Appeals.) Text
New England Fisherman’s Stewardship Association v. Raimondo, 761 F.Supp.3d 141 (D. Maine, Dec. 30, 2024) (Court held council members were principal officers whose insulation from removal and appointments were unconstitutional.) Text
Seafreeze Shoreside, Inc. v. U.S. Department of the Interior, 123 F. 4th 1, 126 Fed. R. Evid. Serv. 1225 (Dec. 5, 2024) (Claimants sued DOI under APA for the approval of an offshore winder energy facility on Outer Continental Shelf.) Text
Ariel R.L. v. Comm’r of Soc. Sec., Civil No. 2301379 (GLS), 2024 U.S. Dist. LEXIS 179912, 2024 WL 434573 (D. P.R. Sept. 30, 2024) (Agricultural produce packer employee; seeking review SSA denial of SSDI) Text
Melone v. Coit, 100 F. 4th 21 (1st Cir. 2024) (Challenge to issuance of a IHA to an offshore wind project developer and assertion federal agencies failed to follow law or good science in assessing the impact of the project on the North Atlantic right whale) Text
Nantucket Residents Against Turbines v. U.S. Bureau of Ocean Energy Management, 100 F. 4th 1 (1st Cir. Apr. 24, 2024) (Allege ESA and National Environmental Policy Act violations by approval of offshore wind project) Text
Seafreeze Shoreside, Inc. v. U.S. Dep’t Interior, Nos. 2301853, 23-2051 (1st Cir. Dec. 5, 2024) (Challenge federal government process for approving plan to construct and operate commercial offshore wind energy facility; APA claims) Text
Otero-Vicenty v. Comm’r of Soc. Sec., Civ. No. 23-1115 (MDM), 2024 U.S. Dist. LEXIS 63314, 2024 WL 1381402 (D. P.R. Mar. 31, 2024) (Review of application for disability insurance benefits) Text
Halsey v. Fedcap Rehab Servs., 95 F.4th 1 (1st Cir. Mar. 4, 2024) (Appeal from motion to dismiss requiring utilization of the administrative review process) Text
El Farmer, Inc. v. Commonwealth of Puerto Rico, 693 F. Supp. 3d 202 (D. P.R. Sept. 22, 2023) (Adversary action; plaintiff, dairy owner and operator, appeal bankruptcy court’s dismissal order) Text
Azurity Pharms., Inc. v. Edge Pharma, LLC., 45 F. 4th 479 (1st Cir. Aug. 12, 2022) (Lanham Act claim; FDA policy discretion) Text
Couglin v. LAC Du Flambeau Band, 33 F.4th 600 (1st Cir. May 6, 2022) (Circuit split about whether Bankruptcy Code abrogates tribal sovereign immunity) Text
Sanchez v. Comm’r of Soc. Sec., Civil No: 20-1483(MEL), 2022 U.S. Dist. LEXIS 201642, 2022 WL 16579688 (D. P.R. Mar. 31, 2022) (Appeal challenging disability benefit denial under Social Security Act and Appeals Council review denial)
Hassan v. United States Dep’t of Agric., No. 2:20-cv-00173-LEW, 2020 U.S. Dist. LEXIS 115870, 2020 WL 3578049 (D. Maine, June 30, 2020) (Order granting leave to proceed in forma pauperis and recommended dismissal of case; plaintiff appealing USDA decision disqualifying store from participating in SNAP.) Text
Vizcarrondo-Gonzalez v. Perdue, No. 20-2157 (1st Cir. June 28, 2024) (Appeal from dist. ct.) Text, Civ. No. 16-2461, 2020 WL 1459070 (D.P.R. Mar. 20, 2020; Civil No. 16-2461(PAD) (Oct. 26, 2020 Dist. P.R.) 2020 U.S. Dist. LEXIS 199058, 2020 WL 6276072 (Tort claim against APHIS government employee.) Text
Collazo-Huertas v. Comm’r of Soc. Sec., Civil No. 19-1705 (BJM) (July 22, 2021) 2021 U.S. Dist. LEXIS 137133, 2021 WL 3113053 (Seeking review of Social Security Administration Commissioner’s decision challenging the plaintiff’s alleged disability; plaintiff contends the administrative law judge erred in making the RFC determination.) Text
Milk Indus. Regulatory Office of the Commonwealth of P.R. v. Rosa Dairy Farm, Inc. (In re Rosa Dairy Farm, Inc.), 622 B.R. 806 (B.A.P. 1st Cir. 2020) (Evaluating abuse of discretion by Bankruptcy Court for allowing Chapter 12 debtors to lease their milk quota to third parties) Text
Irobe v. United States Dep’t of Agric., 890 F.3d 371 (1st Cir. 2018) (action challenging USDA final decision regarding SNAP guidelines) Text
Nasuti ex rel. U.S. v. Savage Farms, Inc., No. CIV.A. 12-30121-GAO, 2014 WL 1327015, at *1 (D. Mass. Mar. 27, 2014) Text, aff’d sub nom. Nasuti v. Savage Farms Inc., No. 14-1362, 2015 WL 9598315 (1st Cir. Mar. 12, 2015) (action under the FCA)
Martex Farms, S.E. v. U.S. Envtl. Prot. Agency, 559 F.3d 29 (1st Cir. 2009) (review of agency decision finding FIFRA violations) Text
United States v. Alfonzo-Reyes, 410 F. Supp. 2d 54 (D.P.R. 2006) (conspiracy to defraud) Text
Padro-Perez v. United States, No. CIV. 04-1229 (PG), 2006 WL 1451519, at *1 (D.P.R. May 19, 2006) (FSA loan qualification denial)
SECOND CIRCUIT
Scotlandshop USA, Inc. v. United States Citizenship & Immigr. Servs., No. 1:23-CV_0703(GTS/DJS), 2024 U.S. Dist. LEXIS 228147 (D. N.D.N.Y. Dec. 17, 2024) (Reviewing agency decision under APA) Text
Rocky Point HPFS Inc. v. United States, No. 19-CV-1308(JS)(JMW), 2024 U.S. LEXIS 177755 (D. E.D.N.Y. Sept. 30, 2024) (Seeking judicial review of USDA disqualifying a store from participating as a SNAP vendor) Text
Nnenna Muozoba v. Jaddou, No: 1:230CV-1112(GTS/MJK), 2024 U.S. Dist. LEXIS 154984 (D. N.D.N.Y. Aug. 28, 2024) (Review of USCIS alleged abuse of discretion) Text
Rabin v. United States Health and Human Services, No: 23-cv-402(JMA)(SIL), 2024 U.S. Dist. LEXIS 120353 (D. E.D. N.Y. Jul. 9, 2024) (Action brought under APA) Text
Boehringer Ingelheim Pharms., Inc. v. U.S. Health and Human Services, No. 3:23-cv-01103(MPS), 2024 U.S. Dist. LEXIS 117413 (D. Conn. Jul 3, 2024) (Alleging an issued legislative rule implementing a program violated the APA) Text
Williams v. Smith, No: 3:22-cv-1630(SVN), 2024 U.S. Dist. LEXIS 117379 (D. Conn. Jul. 3, 2024) (Claims under APA) Text
Mulgrew v. United States, No: 24-cv-1644 (LJL);24-cv-367(LJL);23-cv-10365(LJL), 2024 U.S. Dist. LEXIS 110041(D. S.D.N.Y. June 20, 2024) (Claim NEPA prevents public policy approach) Text
Roque v. United States, No. 3:21-CV-823 (VDO), 2024 U.S. Dist. LEXIS 86370 (D. Conn. May 13, 2024) (Seeking judicial review of administrative decision disqualifying plaintiffs from participating in SNAP) Text
Hum. Servs. Council of N.Y. v. City of New York, 21 Civ. 11149(PGG), 2024 U.S. Dist. LEXIS 208054, 2024 WL 4792004 (D. S.D.N.Y. Nov. 14, 2024) (Legality of New York law under NLRA and LMRA) Text
Charlene G. v. O’Malley, No. 5:24-CV-36 (AMN/DJS), 2024 U.S. Dist. LEXIS 203693, 2024 WL 4956969 (D. N.D.N.Y. Oct. 10, 2024) (Review of decision by Commissioner of Social Security denying plaintiffs’ disability) Text
Apple Hill Solar LLC v. Cheney, No. 2:23-cv-644, 2024 U.S. Dist. LEXIS 151589, 2024 WL 3925912 (D. VT. Aug. 23, 2024) (Complaint against commissioners of a public utility commission and their efforts to develop a solar energy facility) Text
McFall v. Scalia, No. 19 Civ. 11581 (JCM), 2024 U.S. Dist. LEXIS 96373, 2024 WL 2802861 (D. S.D.N.Y. May 28, 2024) (Action against former Secretary of U.S. Department of Labor) Text
Su v. Berkshire Nursery & Supply Corp., No. 23 CV 275 (VB), 2024 U.S. Dist. LEXIS 91126, 2024 WL 2270372 (D. S.D.N.Y. May 20, 2024) (Allege violations of FLSA) Text
Brinkmann v. Town of Southold, 96 F.4th 209 (2d. Cir. Mar. 13, 2024) (Appeal from complaint dismissal alleging violation of Takings Clause) Text
PLH Vineyard Sky LLC v. Vt. PUC, No. 2:23-cv-154, 2024 U.S. Dist. LEXIS 43153, 2024 WL 1072017 (D. Vt. Mar. 12, 2024) (Claim violations of Takings Clause from Vermont Public Utility Commission rulings) Text
Magellan Tech., Inc. v. United States FDA, 70 F.4th 622 (2d. Cir. June 16, 2023) (Claim FDA denial violate APA) Text
United States v. N & M Food Wholesale Supply, Inc., No. 23-Civ-04386, 2023 U.S. Dist. LEXIS 95941 (D. S.D.N.Y. May 26, 2023) (Allege violations of PPIA) Text
Farm Sanctuary v. United States Dep’t of Agric., No. 6:20-CV-06081 EAW, 2023 WL 2673141 (W.D.N.Y. Mar. 28, 2023) (USDA did not violate APA by denying petition for rulemaking concerning “downed” pigs) Farm Sanctuary v. United States Dep’t of Agric., 545 F.Supp.3d 50 (W.D. N.Y. 2021) No. 6:19-CV-06910 6:20-CV-06081 Text
Bunce v. Farm Serv. Agency, U.S.D.A., No. 21-555, 2022 WL 274227 (2d Cir. Jan. 31, 2022) (final agency determination on loan denial was not arbitrary or capricious) Text
Bunce v. Farm Serv. Agency, No. 5:19-CV-266 (TWD), 2021 WL 925511 (N.D.N.Y. Feb. 15, 2021), aff’d sub nom. Bunce v. Farm Serv. Agency, U.S.D.A., No. 21-555, 2022 WL 274227 (2d Cir. Jan. 31, 2022) (agency determination did not abuse its discretion in considering its own analysis of petitioner’s farm operating plan) Text
Friends of Animals v. Romero, 948 F.3d 579 (2d Cir. 2020) (challenging National Park Service plan dealing with deer overpopulation) Text
Robbins v. New York Corn & Soybean Growers Ass’n, Inc., 244 F. Supp. 3d 300 (N.D.N.Y. 2017) (violations of FOIA and federal question) Text
Al Amin Halal Meat & Fish Mkt. Inc. v. United States, No. 15CV276A, 2015 WL 12552019, at *1 (W.D.N.Y. Oct. 21, 2015), report and recommendation adopted, No. 15-CV-276A, 2015 WL 12552031 (W.D.N.Y. Dec. 7, 2015) (APA as basis of review)
Friends of Animals v. Clay, No. 13-CV-7293 JG, 2014 WL 4966122, at *1 (E.D.N.Y. Oct. 3, 2014), aff’d, 811 F.3d 94 (2d Cir. 2016) (action under APA) Text
Fountain v. United States, No. 3:14-CV-964 NAM/RFT, 2014 WL 4327334, at *1 (N.D.N.Y. Aug. 29, 2014) (seeking relief under the APA) Text
Nat. Res. Def. Council, Inc. v. U.S. Food & Drug Admin., 872 F. Supp. 2d 318 (S.D.N.Y. 2012), rev’d, 760 F.3d 151 (2d Cir. 2014) (violation of the APA) Text
Dovid v. U.S. Dep’t of Agric., No. 11 CIV. 2746 PAC, 2013 WL 775408, at *1 (S.D.N.Y. Mar. 1, 2013), aff’d sub nom. Congregation Machna Shalva Zichron Zvi Dovid v. U.S. Dep’t of Agric., 557 F. App’x 87 (2d Cir. 2014) (violation of the APA)
Paganini v. U.S. Dep’t of Agric. Sec’y of Agric., No. 12 CV 4615 VB, 2012 WL 6822150, at *1 (S.D.N.Y. Dec. 10, 2012) (alleging subject matter jurisdiction under the APA)
Laudadio v. Johanns, 677 F.Supp.2d 590 (E.D.N.Y. 2010) (administrative remedies were exhausted allowing for discrimination suit to proceed) Text
Natural Res. Def. Council v. EPA, No. 09 Civ. 4317(DLC), 2009 WL 5033959 (S.D.N.Y. Dec. 23, 2009) (failure to provide notice and comment) Text
Conyers v. Rossides, 558 F.3d 137 (2d Cir. 2009) (failure to hire applicant is not reviewable under the APA) Text
Liberty Shipping Grp. LLC v. United States, No. 09-CV-3161 ENV/VVP, 2009 WL 2390606, at *1 (E.D.N.Y. July 31, 2009) (alleging violations of the APA) Text
Natural Res. Def. Council, Inc. v. E.P.A., 581 F. Supp. 2d 491 (S.D. N.Y. 2008) (granting FIOA fee waiver) Text
Star Growers v. U.S. Dep’t of Agric., No. 04-CV-0742E(Sr), 2006 WL 2134640 (W.D. N.Y. July 28, 2006) (application of the EAJA)
AG-Innovations, Inc. v. U.S. Dep’t of Agric., No. 1:02CV332, 2006 WL 462580, at *1 (D. Vt. Feb. 24, 2006) (appealing administrative order, APA)
Waterkeeper Alliance, Inc. v. U.S. E.P.A., 399 F.3d 486 (2d Cir. 2005) (challenge of CAFO rule) Text
THIRD CIRCUIT
Sun Valley Orchards, LLC v. U.S. Department of Labor, 148 F.4th 121 (3d. Cir. July 29, 2025) (Agricultural employer did not consent to ALJ adjudication of the enforcement action.) Text
Ave Long Beach Island v. U.S. Department of Commerce, 794 F.Supp.3d 273 (D. New Jersey, July 2, 2025) (Claims challenging incidental harassment authorizations and letter of authorization issued by NMFS to windfarm developers.)
Schaffner v. Monsanto Corporation, 113 F.4th 364 (August 15, 2024) (Consumer brought a state-court products liability claim after getting diagnosed with cancer, against Monsanto, manufacturer of a pesticide that contains glyphosate.) Text
Trenton Threatened Skies, Inc. v. Federal Aviation Administration, 90 F.4th 122 (Jan. 4, 2024) (NEPA violation alleged over FAA’s FONSI.) Text
Clean Air Council v. U.S. Steel Corporation, 2 F.4th 112 (June 21, 2021) (Claim alleging pollution from fires should have been reported to the federal government and the local government.)
Lower Susquehanna Riverkeeper v. Keystone Protein Company, 520 F.Supp.3d 625 (Feb. 18, 2021) (Citizen suit brought under the CWA against operator of a poultry rendering facility.) Text
Trinity Industries, Inc. v. Greenlease Holding Company, 903 F.3d 333 (Sept. 11, 2018) (Claim seeking contribution for remediation under CERCLA.) Text
Township of Bordentown, New Jersey v. Federal Energy Regulatory Commission, 903 F.3d 234 (Sept. 5, 2018) (Suit to approve the FERC’s approval of a project that would increase natural gas pipeline capacity.) Text
Delaware Riverkeeper Network v. Secretary Pennsylvania Department of Environmental Protection, 903 F.3d 65 (Sept. 4, 2018) (Review of order granting water quality certification under CWA). Text
PennEnvironment v. PPG Industries, Inc., 127 F.Supp.3d 336 (Aug. 31, 2015) (Citizen suit under CWA, RCRA, and Pennsylvania’s Clean Streams Law) Text
Maiden Creek Associates, L.P. v. U.S. Department of Transportation, 123 F.Supp.3d 638 (Aug. 20, 2015) (Claim under NEPA and APA alleging the agencies’ failed to comply with the acts during their proposed changes to the state highway) Text
Louisiana Forestry Ass’n Inc. v. Secretary U.S. Dept. of Labor, 745 F.3d 653 (Feb. 5, 2014) (Court held the DOL met the APA public notice requirements) Text
GenOn REMA, LLC v. U.S. EPA, 722 F.3d 513 (July 12, 2013) (Petition for review of EPA rule and court found that it was not arbitrary, capricious, or abuse of discretion under CAA.) Text
Empire Kosher Poultry, Inc. v. U.S. Dep’t of Agric., 475 F. App’x 438 (3d Cir. 2012) (standard of review under the APA) Text
4900 S. Broad St. Assocs.-Tenant, L.P. v. U.S. Dep’t of Agric., No. CIV.A. 8-4646, 2009 WL 301936, at *1 (E.D. Pa. Feb. 4, 2009) (jurisdiction under the APA)
4900 S. Broad St. Assocs.-Tenant, L.P. v. U.S. Dep’t of Agric., No. CIV.A 8-4646, 2009 WL 153810, at *1 (E.D. Pa. Jan. 21, 2009) (APA violation)
Chiang v. Schafer, No. CIV. A. 2000-04, 2008 WL 3925260, at *1 (D.V.I. Aug. 20, 2008) Text, aff’d sub nom. Virgin Island Class Plaintiffs v. Vilsack, 362 F. App’x 252 (3d Cir. 2010) (violation of the APA) Text
Baiardi Food Chain v. United States, 482 F.3d 238 (3d Cir. 2007) (review under the APA) Text
United States v. Nour Halal Meat Distrib., Inc., 505 F. Supp. 2d 275 (W.D. Pa. 2007) (Subpoena authority of the Department of Agriculture Reorganization Act of 1994) Text
Marslette v. Glickman, No. CIV.A. 00-816-SLR, 2003 WL 1697535 (D. Del. Mar. 26, 2003) (standard of review under the APA)
Chiang v. Veneman, 213 F.R.D. 256 (D.V.I. 2003), opinion aff’d in part, vacated in part, 385 F.3d 256 (3d Cir. 2004) (discrimination claim under the APA) Text
FOURTH CIRCUIT
Sierra Club v. National Marine Fisheries Service, 2025 WL 2550210 (Sept. 4, 2025) (Allege NMFS ‘s biological opinion violates the EPA and ESA.) Text
Green & Healthy Homes Initiative, Inc. v. EPA, 788 F.Supp.3d 676 (June 17, 2025) (Claim EPA’s termination of grants program violated APA.) Text
Sustainability Institute v. Trump, 784 F.Supp.3d 861 (May 20, 2025) (Alleging the termination of grants violated APA.) Text
Maryland v. USDA, 770 F.Supp.3d 779 (Mar. 13, 2025) (Allege mass layoffs violate the APA). Text
South Carolina Coastal Conservation League v. United States Army Corps of Engineers, 127 F.4th 457 (Jan 31, 2025) (Challenge the Corps CWA Section 404 permit alleging it violates NEPA and ESA.) Text
Center for Biological Diversity v. U.S Forest Service, 764 F.Supp.3d 349 (Jan. 22, 2025) (Claim that the Forest Service’s permit they issued to a coal company violated ESA, APA, and NEPA.) Text
White v. U.S. EPA, 737 F.Supp.3d 310 (June 18, 2024) (Allege regulations from Army Corps of Engineers and EPA violates the APA). Text
Manis v. USDA, 731 F.Supp.3d 685 (Apr. 24, 2024) (Alleging USDA’s APHIS adjudication process’s structure is unconstitutional.) Text
People for the Ethical Treatment of Animals, Inc. v. Tabak, 662 F. Supp.3d 581 (D. Maryland, Mar. 21, 2023) (Claimants challenge NIH’s actions under APA.) Text
USA Farm Labor, Inc. v. Su, 694 F.Supp.3d 693 (Sept. 26, 2023) (Challenged the final rule setting the adverse effect wage rate for the H-2A program as a violation of the APA.) Text
Sierra Club v. W. Virginia Dep’t of Env’t Prot., 64 F.4th 487 (4th Cir. 2023) (departments failed to satisfy procedural requirements under the APA) Text
Defs. of Wildlife v. U.S. Dep’t of Interior, 931 F.3d 339 (4th Cir. 2019) (deciding the FWS classification of the continued existence of several species was arbitrary and capricious in violation of the APA) Text
People for the Ethical Treatment of Animals, Inc. v. United States Dep’t of Agric., 194 F. Supp. 3d 404 (E.D.N.C. 2016), aff’d sub nom. People for the Ethical Treatment of Animals v. United States Dep’t of Agric., 861 F.3d 502 (4th Cir. 2017) (alleging violation of APA) Text
Davis v. Vilsack, No. 7:13CV00026, 2014 WL 2547746, at *1 (W.D. Va. June 5, 2014) (challenging decision that terminated contracts) Text
Am. Whitewater v. Tidwell, 770 F.3d 1108 (4th Cir. 2014) (challenging forest management plan) Text
Am. Whitewater v. Tidwell, 959 F. Supp. 2d 839 (D.S.C. 2013), aff’d, 770 F.3d 1108 (4th Cir. 2014) (challenging forest management plan) Text
United States v. Rinaudo, 684 F.Supp.2d 675 No. 2:09-MJ-1149-BO (E.D.N.C. Feb. 5, 2010) (prohibition on nudity not unconstitutional in wildlife refuge) Text
Harrell & Owens Farm v. Fed. Crop Ins. Corp., No. 4:09-CV-217-FL, 2010 WL 9462574, at *1 (E.D.N.C. Oct. 6, 2010), aff’d, 471 F. App’x 141 (4th Cir. 2012) (judicial review of the final agency) Text
Tyson v. U.S. Dep’t of Agric., 360 F. App’x 451 (4th Cir. 2010) (judicial review of returning overpayment)
Dow AgroSciences LLC v. Nat’l Marine Fisheries Serv., 638 F.Supp.2d 508 (D. Md. 2009) (biological opinion taken in regards to pesticide application process) Text
N.C. Growers’ Ass’n, Inc. v. Solis, 644 F.Supp.2d 664 (M.D.N.C. 2009) (injunction to prevent agency rule from taking effect) Text
Tyson v. U.S. Dep’t of Agric., 589 F.Supp.2d 584 (E.D. N.C. 2008) (review of agency final decision) Text
Lanco Dairy Farms Coop. v. Sec’y of Agric., 572 F.Supp.2d 633 (D. Md. 2008) (review of Secretary’s interpretation of AMA) Text
U.S. ex rel. Wilson v. Graham County Soil & Water Conservation Dist., 528 F.3d 292 (4th Cir. 2008) (False Claims Act) Text
Neese v. Johanns, 518 F.3d 215 (4th Cir. 2008) (Tobacco producers challenge implementation of FETRA) Text
Abingdon Livestock Exch., Inc. v. Smith, No. 1:06CV00096, 2007 WL 3146504 (W.D. Va. Oct. 26, 2007) (primary jurisdiction) Text
Holly Hill Farm Corp. v. U.S., 477 F.3d 258 (4th Cir. 2006) (arbitrary and capricious)
Hill v. Courter, 344 F.Supp.2d 484 (E.D. Va. 2004) (abstention of federal court) Text
Neese v. Johanns, 450 F.Supp.2d 632 (W.D. Va. May 2, 2006) (class certification to challenge Sec’y’s tobacco buyout rules) Text
McDaniels v. U.S., 300 F.3d 407 (4th Cir. 2002) (denial of disaster relief) Text
FIFTH CIRCUIT
Louisiana v. National Marine Fisheries Service, No. 2:25-CV-00691, 2026 WL 184236 (W.D. La. Jan. 23, 2026) (Court held the supplementation of administrative record was needed and the biological opinion and reasonable and prudent alternatives from NMFS violated the ESA and APA.) Text
South Texas Environmental Justice Network v. Texas Commission on Environmental Quality, 165 F.4th 356 (5th Cir. Jan. 14, 2026) (Advocacy group’s petition for review of TCEQ’s denial of the groups motion.) Text
Gas Transmission Northwest, LLC v Federal Energy Regulatory Commission, 157 F.4th 674 (5th Cir. Oct. 28, 2025) (Challenge under NGA, NEPA and FERC regulations.) Text
Texas v. U.S. EPA, 156 F.4th 523, 2025 WL 2694155 (5th Cir. Sept. 22, 2025) (Review of EPA rulemaking concerning Texas’s SIP plan under Texas’s enforcement of the CAA “Good Neighbor” provision.) Text
Port Arthur Community Action Network v. Texas Commission on Environmental Quality, 147 F.4th 560 (5th Cir. Aug. 12, 2025) (Court held the CAA did not preempt the Texas Commission on Environmental Quality’s grant of a PSD permit.) Text
Shenzhen Youme Information Technology Company, Limited v. Food & Drug Administration, 147 F.4th 502 (5th Cir. July 23, 2025) (Court held that FDA’s denial of PMTA due to several factors was not arbitrary and capricious.) Text
Texas Corn Producers v. U.S. EPA, 141 F.4th 687 (5th Cir. June 24, 2025) (Review of administrative decision made by the EPA; court held the EPA’s failure to respond to comments was arbitrary and capricious; the factor set by the EPA was arbitrary; and the EPA’s lack of explanation for its exclusionary action was arbitrary and capricious.) Text
American Clinical Laboratory Association v. U.S. FDA, 776 F.Supp.3d 554 (Dist. Ct. E.D. Texas, Sherman Division, Mar. 31, 2025) (Challenge to FDA final rule under APA that purported to treat all lab-developed test services as medical devices, meaning they would be regulated under the FDCA.) Text
Texas v. U.S. EPA, 132 F.4th 808 (5th Cir. Mar. 25, 2025) (Three states seek review of EPA final rule that disapproved SIP plans for NAAQS under the CAA; court held the disapproval of LA and TX’s SIP was not arbitrary and capricious but MS’s disapproval was arbitrary and capricious.) Text
Lewis v. U.S., 764 F.Supp.3d 362 (Dist. Ct. M.D., LA, Jan. 29, 2025) (Court held that the Army Corps of Engineers’ determination that a bayou was subject to CWA was unsupported and not in alignment with the CWA.) Text
R.J. Reynolds Tobacco Co. v. U.S. FDA, 762 F.Supp.3d 529 (Dist. Ct., E.D. Texas, Jan. 13, 2025) (Court held FDA did not have the power to require package labels beyond what was required by the Tobacco Control Act, and held the plaintiffs failed to establish likelihood of success on several claims under the APA.) Text
Ondrusek v. U.S. Army Corps of Engineers, 123 F.4th 720 (5th Cir. Dec. 13, 2024) (Court held allegations and harm alleged was protected by the CWA and APA meaning they had standing.) Text
International Fresh Produce Association v. USDA, 758 F.Supp.3d 575 (Dist. Ct. S.D. Miss. Nov. 25, 2024) (Challenge DOL’s amendments to H-2A regulations under the APA and sought either a stay or preliminary injunction; court held in favor of a stay rather than a preliminary injunction.) Text
Tech Vermilion Sugar Cane Growers Association Inc. v. Su, 749 F.Supp.3d 697 (Dist. Ct. W.D. LA, Sept. 18, 2024) (Court held that the challengers demonstrated a substantial likelihood of success on claim that DOL was arbitrary and capricious when setting the AEWR for H-2A sugarcane workers, and exceeded it’s statutory authority.) Text
General Land Office v. US DOI, 750 F.Supp.3d 740 (Dist. Ct. W.D. Texas, Sept. 4, 2024) (Court held that FWS’s failure to determine a critical habitat in it’s petition review did not impact FWS’s determination that delisting of the warbler was not needed, meaning it was not arbitrary and capricious.) Text
Sierra Club v. Louisiana Department of Environmental Quality, 100 F.4th 555 (5th Cir. Apr. 29, 2024) (Court held that LDEQ was not acting arbitrarily or capriciously when it used the factors set by the EPA, and approved BACT to limit emissions.) Text
Louisiana v. U.S. EPA, 712 F.Supp.3d 820 (Dist. Ct. W.D., Jan. 23, 2024) (Court held, among other conclusions, that the EPA and DOJ did not show they had clear congressional authorization under the major-questions doctrine to impose the disparate-impact requirements under Title VI.) Text
Lewis v. U.S., 88 F.4th 1073 (5th Cir. Dec. 18, 2023) (Court held that the tracts in question were not under WOTUS under CWA). Text
Calumet Shreveport Refining, L.L.C., U.S. EPA, 86 F.4th 1121 (5th Cir. Nov. 22, 2023) (Court held that EPA’s interpretation of the exemption was contrary to the CAA and the agency’s denials of the challengers exemptions were arbitrary and capricious.) Text (Vacated by Growth Energy v. Calumet Shreveport Refining, L.L.C. (No. 23-1230, 145 S.Ct. 2838, June 30, 2025)
Wynnewood Refining Company, L.L.C. v. U.S. EPA, 86 F.4th 1114 (5th Cir. Nov. 22, 2023) (The challengers sought judicial review of EPA’s notice of ACA but the Court held that a change of venue was required under the CAA) Text
Healthy Gulf v. U.S. Army Corps of Engineers, 81 F.4th 510 (5th Cir. Sept. 6, 2023) (The Court denied the petition for review of the Corps grant of a permit under the CWA and held the Corps adequately addressed certain concerns and provided explanations of its mitigation plan.) Text
Texas v. U.S. EPA, 662 F.Supp.3d 739 (Dist. Ct. S.D. Texas, March 19, 2023) (Court held that Chevron deference was inapplicable in this case, the states were face irreparable harm without an injunction, and the states were likely to succeed on the claim that EPA’s rule revision of definition was invalid.) Text
Fort Bend County v. U.S. Army Corps of Engineers, 59 F.4th 180 (5th Cir. Feb. 2, 2023) (Court reversed the lower court’s dismissal of the political subdivisions APA challenge to the Corps adoption of the water control manual.) Text
Harrison County, Mississippi v. U.S. Army Corps of Engineers, 651 F.Supp.3d 843 (Dist. Ct. S.D. Miss. Jan. 18, 2023) (Court held that because the Corps failed to consult with the Secretary of Commerce before they opened each spillway this constituted a waiver of sovereign immunity under the APA). Text
State v. Dep’t of Com., No. CV 21-1523, 2022 WL 17251152 (E.D. La. Nov. 28, 2022) (court held state of Louisiana lacked standing to bring an APA claim asserting NMFS’s effective date of a final rule was arbitrary and capricious) Text
Jarkesy v. Sec. & Exch. Comm’n, 34 F.4th 446 (5th Cir. 2022) (Congress unconstitutionally delegated to SEC the authority to resolve enforcement actions through the process and use of ALJs) Text
Cochran v. U.S. Sec. & Exch. Comm’n, 20 F.4th 194 (5th Cir. 2021), cert. granted sub nom. Sec. & Exch. Comm’n v. Cochran, 212 L. Ed. 2d 777, 142 S. Ct. 2707 (2022), and aff’d and remanded sub nom. Axon Enter., Inc. v. Fed. Trade Comm’n, 143 S. Ct. 890 (2023) (agency’s judicial review scheme did not expressly or implicitly divest federal district court of subject matter jurisdiction over petitioner’s removal-power claim) Text
Ewing v. Farm Service Agency, 2021 WL 5014309 (N. D. Tex., 2021) (dismissal of farmer’s claims that FSA’s mailing of foreclosure notices violated the APA) Text
A.J. Rabe, Inc. v. Farm Serv. Agency, No. 6:18-CV-00116-ADA, 2019 WL 4087511 (W.D. Tex. July 22, 2019), aff’d, 855 F. App’x 214 (5th Cir. 2021) (FSA’s procedural error did not affect the substantial rights of the petitioner) Text
Sw. Elec. Power Co. v. U.S. Env’t Prot. Agency, 920 F.3d 999 (5th Cir. 2019) (ruling that parts of the final determination about legacy wastewater and residual combustion are vacated) Text
Texas Retailers Ass’n v. United States Dep’t of Agric., No. 01:18-CV-659-LY, 2018 WL 6431895, at *1 (W.D. Tex. Aug. 8, 2018) (attempt to block confidential information from release)
Adkins v. Vilsack, 252 F. Supp. 3d 588 (N.D. Tex. 2017), aff’d sub nom. Adkins v. Silverman, 899 F.3d 395 (5th Cir. 2018) (judicial review of a final decision) Text
Texas v. United States, 787 F.3d 733 (5th Cir. 2015) (violation of APA notice-and-comment requirements) Text
Louisiana Sportsmen All., LLC v. Vilsack, 984 F.Supp.2d 600, No. 12-CV-2929, 2013 WL 12182156, at *1 (W.D. La. Nov. 27, 2013) (seeks review of the USDA’s action of banning “dog-deer hunting” pursuant to the APA) Text
Adams v. U.S. Dep’t of Agric., No. CIVA3:07CV612HTWLRA, 2010 WL 1374898, at *1 (S.D. Miss. Mar. 31, 2010) (subject matter jurisdiction under APA)
Magee v. United States Through Dep’t of Agric., Farm Serv. Agency, No. CV 3:06-541 HTW-LRA, 2008 WL 11439401, at *1 (S.D. Miss. July 18, 2008), aff’d sub nom. Magee v. United States, 342 F. App’x 19 (5th Cir. 2009) (challenging Farm Service Agency decision)
Magee v. United States, No. 09-60009, 2009 WL 2169057 (5th Cir. July 20, 2009) (review of NAD decision)
M.J. Farms, Ltd. v. U.S. Fish & Wildlife Serv., 593 F. Supp. 2d 907 (W.D. La. 2008) (challenging cancellation of hunting lease on farmland) Text
Dawson Farms, LLC v. Farm Serv. Agency, 504 F.3d 592 (5th Cir. 2007) (failure to exhaust administrative remedies) Text
Barrientos v. U.S., No. L-05-163, 2006 WL 2414348 (S.D. Tex. Aug. 14, 2006) (breach of contract)
Fleming Companies, Inc. v. Dep’t of Agric., 164 F. App’x 528 (5th Cir. 2006) (challenges the “Batter-Coating Rule”)
City of Coll. Station v. U.S. Dep’t of Agric., 395 F. Supp. 2d 495 (S.D. Tex. 2005) (enjoin USDA from funding loan to rural water association) Text
Fleming Cos., Inc. v. U.S. Dep’t of Agric., 322 F.Supp.2d 744 (E.D. Tex. 2004) (validity of final rule) Text
Brown v. U.S. Dep’t of Agric., 67 F. App’x 241, 2003 WL 21108492 (5th Cir. 2003) (due process)
Davidson v. Veneman, 317 F.3d 503 (5th Cir. 2003) (denial of attorney’s fees under the EAJA, denial of interest under the Prompt Payment Act) Text
Rain & Hail Ins. Serv., Inc. v. Fed. Crop Ins. Corp., 229 F. Supp. 2d 710 (S.D. Tex. 2002) (challenging FCIC decision to withhold payment) Text
SIXTH CIRCUIT
Lucas County Board of Commissioners v. U.S. EPA, Nos. 25-3609/3662, 2026 WL 657373 (6th Cir, Mar. 9, 2026) (Challenge brought under APA against EPA for total maximum daily load for phosphorus in river in Ohio under CWA.) Text
United States Sportsmen’s Alliance Foundation v. CDC, 167 F.4th 813 (6th Cir. Feb. 13, 2026) (Challenge to validity of dog importation rule under APA.)
Sierra Club v. Tennessee Department of Environment and Conservation, 133 F. 4th 661, 2025 WL 1009286 (6th Cir., Apr. 4, 2025) (Court held that TDEC’s evaluation, analysis, and determination of the water quality certification and reliance on the ARAP was not arbitrary and capricious.) Text
Kentucky Heartwood, Inc. v. U.S. Forest Service, 349 F.R.D. 272, 2025 WL 943088 (Dist. Ct. E.D. Kentucky, Southern Division, Mar. 28, 2025) (Challenge to the Forest Service’s approval of a wildlife habitat enhancement project under NEPA, APA, ESA, and NFMA. The court held that the motions to supplement the record were not justified for internal briefing paper, FOI documents, and extra-record discovery.) Text
Kentucky v. U.S. EPA, 123 F.4th 447 (6th Cir., Dec. 6, 2024) (Challenge to an EPA final rule disapproving KY’s state plan enacting a new ozone air-quality standard. Court held that the disapproval of the plan was arbitrary and capricious under APA.) Text
Barton v. U.S. Department of Labor, 757 F.Supp.3d 766 (Dist. Ct. E.D., KY, Central Division, Nov. 25, 2024) (The Court held the plaintiffs were likely to succeed on the merits that the rule’s compensation calculation, disclosure, and seatbelt provisions were arbitrary and capricious.) Text
Boze v. Great American Insurance Company, 750 F.Supp.3d 833 (Dist. Ct., M.D. TN, Northeastern Division, Sept. 26, 2024) (Alleged breach of multi-peril crop insurance policies under Federal Crop Insurance Act, and the court held state law was preempted by federal law and the claims were preempted.) Text
Protect our Aquifer v. Tennessee Valley Authority, 654 F.Supp.3d 654 (Dist. Ct. W.D. Tennessee, Western Div., Feb. 1, 2023) (Challenge under APA of TVA’s contracts with LPCS; the Court held that TVA’s timeline of preparation of the environmental assessment did not violate NEPA.) Text
United States v. Coffman, 652 F.Supp.3d 911 (Dist. Ct. S.D. Ohio, Jan. 24, 2023) (The Court held that the regulatory term “common food crop” under the Lacey Act was entitled to be reviewed under Chevron deference.) Text
Miller v. United States Dep’t of Agric., No. 22-1209, 2023 WL 21146 (6th Cir. Jan. 3, 2023) (final agency determination requiring farmers to repay overpaid claims and that insurers have a duty to correct errors in claims did not violate the APA) Text
Ackerman Bros. Farms, LLC v. United States Dep’t of Agric., No. 1:17-CV-11779, 2021 WL 6133910 (E.D. Mich. Dec. 29, 2021) (remanding agency action for further review and denying plaintiffs’ motion to certify as moot; remanded from the Sixth Circuit Court of Appeals) Text
Ackerman v. United States Dep’t of Agric., 995 F.3d 528 (6th Cir. Apr. 28, 2021) (FCIC’s decision approving submission for crop insurance policy was arbitrary and capricious) Text
Dep’t of Agric., No. 22-1056, 2022 WL 2965613 (6th Cir. July 20, 2022) (remand to FCIC to analyze Michigan’s dry bean insurance default pricing mechanism) Text
Burnette Foods, Inc. v. U.S. Dep’t of Agric., 920 F.3d 461 (6th Cir. 2019) (CIAB composition violation based on the Tart Cherry Order regarding members of the same sales constituency) Text
Lea v. United States Dep’t of Agric., No. 16-00735, 2018 WL 721381, at *1 (M.D. Tenn. Feb. 6, 2018), aff’d, No. 18-5535, 2019 WL 2246555 (6th Cir. Feb. 5, 2019), cert. denied sub nom.
Sunrise Coop., Inc. v. United States Dep’t of Agric., 261 F. Supp. 3d 850 (N.D. Ohio 2017) Text, rev’d, 891 F.3d 652 (6th Cir. 2018) (action under the APA challenging decision of USDA’s Risk Management Agency) Text
Lea v. United States Departure of Agric., No. 3:16-CV-00735, 2017 WL 8890263, at *1 (M.D. Tenn. Dec. 11, 2017), report and recommendation adopted sub nom. Lea v. United States Dep’t of Agric., No. 16-00735, 2018 WL 721381 (M.D. Tenn. Feb. 6, 2018) Text, aff’d, No. 18-5535, 2019 WL 2246555 (6th Cir. Feb. 5, 2019), cert. denied sub nom. Lea v. Perdue, 139 S. Ct. 2028 (2019) (Judicial Review under the APA)
Alhalemi, Inc. v. Roberts United States of Am., 224 F. Supp. 3d 587 (E.D. Mich. 2016) (violations of due process and the APA) Text
Aui Mgmt. LLC v. U.S. Dep’t of Agric., No. CV 2:11-0121, 2015 WL 8346748, at *1 (M.D. Tenn. Dec. 8, 2015) Text, report and recommendation adopted, No. 2:11-0121, 2016 WL 465485 (M.D. Tenn. Feb. 8, 2016) (judicial review of the suspension pursuant to the APA) Text
Horton v. U.S. Dep’t of Agric., 559 Fed.Appx. 527 (6th Cir. 2014) (determining willfulness is not a necessary part of ALJ determination) Text
Kubacki v. U.S. Dep’t of Agric.–Farm Serv. Agency, No. 12-15142, 2013 WL 2319336, at *1 (E.D. Mich. May 28, 2013) (administrative challenge seeking reinstatement to county committee) Text
Stewart v. Fed. Crop. Ins. Corp., No. 4:09-cv-101, 2010 WL 3341863 (E.D. Tenn. Aug. 25, 2010) (review of appeals under the Administrative Procedure Act) Text
Forest Serv. Employees for Envtl. Ethics v. U.S. Forest Serv., 689 F. Supp. 2d 891 (W.D. Ky. 2010) (judicial review under APA) Text
Nat’l Cotton Council of Am. v. U.S. Envtl. Prot. Agency, 553 F.3d 927 (6th Cir. 2009) (Chevron deference not extended to agency interpretation) Text
Meister v. Sec’y, U.S. Dep’t of Agric., No. 07-CV-13008-DT, 2009 WL 10680128, at *1 (E.D. Mich. Mar. 30, 2009), aff’d in part, rev’d in part and remanded sub nom. Meister v. U.S. Dep’t of Agric., 623 F.3d 363 (6th Cir. 2010) (seeking judicial review under the APA) Text
Cleary v. U.S. Dep’t of Agric., No. 07-11940, 2008 WL 4427533 (E.D. Mich. Sept. 30, 2008) (review of administrative appeals’ process) Text
Estate of Henegar v. U.S. Dep’t of Agric., No. 2:07-CV-183, 2008 WL 3540066, at *1 (E.D. Tenn. Aug. 11, 2008) (seeking declaratory judgement for TTPP payments)
First Tennessee Bank Nat. Ass’n v. Johanns, 618 F. Supp. 2d 778 (M.D. Tenn. 2008)( seeking judicial review of Secretary’s determination of lender’s liabilities) Text
Estate of Henegar v. U.S. Dep’t of Agric., No. 2:07-CV-183, 2008 WL 3540066 (E.D. Tenn. Aug. 11, 2008) (attorney’s fees under EAJA) Text
Lacy v. U.S. Dep’t of Agric., No. 07-3961, 2008 WL 2178099 (6th Cir. May 22, 2007) (substantial evidence)
First Tenn. Bank Nat’l Ass’n v. Johanns, 618 F.Supp.2d 778 (M.D. Tenn. 2008) (Secretary’s decision that lender failed to comply not arbitrary and capricious) Text
Hendrick v. U.S. Dep’t of Agric., No. 1:06-CV-80(M), 2007 WL 2900526 (W.D. Ky Oct. 1, 2007) (USDA interpretation of “Scar Rule”)
Durbin v. Farm Serv. Agency, No. C2:05-CV-566, 2007 WL 1114986 (S.D. Ohio April 13, 2007) (NRCS used proper procedures in wetland delineation) Text
Morrow v. Hoskins, No. CIV.A. 6:06-97-DCR, 2006 WL 1371587 (E.D. Ky. May 16, 2006) (remedies and injunctive relief under the Department of Agriculture Reorganization Act of 1994)
Johnson County Comm. for Clean Air & Water v. EPA, No. 3:05-0222, 2005 WL 2204953 (M.D. Tenn. Sept. 9, 2005) (compelled agency action)
Fullenkamp v. Veneman, 383 F.3d 478 (6th Cir. 2004) (agency’s interpretation reasonable) Text
Donaldson v. U.S., 268 F.Supp.2d 812 (E.D. Mich. 2003) (arbitrary and capricious, agency discretion) Text
James v. U.S. Dep’t of Agric., No. 3:01-CV-628, 2003 WL 24135441, at *1 (E.D. Tenn. Sept. 22, 2003) (judicial review of a final determination by the NAD)
Reinhart v. U.S. Dep’t of Agric., 39 F. App’x. 954 (6th Cir. 2002) (untimely appeal)
SEVENTH CIRCUIT
United States v. Town of Lac du Flambeau, 797 F.Supp.3d 894 (Dist. Ct. W.D. Wisconsin, Aug. 6, 2025) (Challenge against the town claiming trespass and lack of right-of-way; Court held that town had Art. III zone-of-interest standing to challenge the Bureau of Indian Affairs (BIA) removal of roads from their inventory, and thus BIA did act arbitrarily and capriciously by removing roads without notice or opportunity to be heard.) Text
Calderon v. Procter & Gamble Company, 674 F.Supp.3d 483 (Dist. Ct. N.D. Illinois, Eastern Division, May 24, 2023) (Court held that FDCA did not explicitly preempt the consumer’s state law claims.) Text
RJMC Farms, LLC v. Vilsack, 661 F.Supp.3d 826 (Dist. Ct. S.D. Indiana, Mar. 15, 2023) (Challenge decision by USDA NAD for excluding farms from the federal crop insurance program under the FCIA; the court held the NAD determination was not arbitrary or capricious by concluding the insurer’s failure to certify delinquency of payment did not change the determination of farms’ ineligibility; USDA motion for summary judgment is granted.) Text
Harris v. Topco Associates, LLC, 538 F.Supp.3d 826 (Dist. Ct. N.D. Illinois, Eastern Division, May 11, 2021) (The Court held that the consumers’ claims were expressly preempted under FDCA.) Text
Boucher v. U.S. Dep’t of Agric., 934 F.3d 530 (7th Cir. 2019) (USDA determination of benefit eligibility was arbitrary and a violation of the APA) Text
Mittelstadt v. Perdue, 913 F.3d 626 (7th Cir. 2019) (denial of application to reenroll land in the CRP violated the APA) Text
Org. for Competitive Markets v. U.S. Dep’t of Agric., 912 F.3d 455 (8th Cir. 2018) (review of orders from USDA that withdrew interim final rule governing competition between stockyards and stockyard dealers) Text
Cornucopia Inst. v. United States Dep’t of Agric., 884 F.3d 795 (7th Cir. 2018) (challenging of appointment of candidate) Text
PM Farms, Inc. v. Young, 233 F. Supp. 3d 706 (S.D. Iowa 2017) (review of final determination by NAD) Text
Cornucopia Inst. v. United States Dep’t of Agric., 260 F. Supp. 3d 1061 (W.D. Wis. 2017), aff’d, 884 F.3d 795 (7th Cir. 2018) (challenging of appointment of candidate) Text
Talley v. U.S. Dep’t of Agric., 595 F.3d 754 (7th Cir. 2010), reh’g en banc granted, opinion vacated (June 10, 2010), on reh’g en banc, No. 09-2123, 2010 WL 5887796 (7th Cir. Oct. 1, 2010) (alleging that it violated the Fair Credit Reporting Act by incorrectly reporting that borrower was delinquent on his loan) Text
Smith v. U.S. Dep’t of Agric., 888 F. Supp. 2d 945 (S.D. Iowa 2012) (action against USDA following its decision to close a Farm Service Agency office) Text
Cent. Platte Nat. Res. Dist. v. U.S. Dep’t of Agric., 643 F.3d 1142 (8th Cir. 2011) (seeking disclosure, under FOIA and APA, of geospatial data related to farmland) Text
Cornucopia Inst. v. U.S. Dep’t of Agric. 560 F.3d 673 (7th Cir. 2009) (FIOA request rendered moot by production of documents) Text
White Eagle Coop Ass’n v. Conner, 553 F.3d 467 (7th Cir. 2009) (challenging regulation decision and rule for milk marketing order) Text
Wiese v. Cmty. Bank of Cent. Wis., 552 F.3d 584 (7th Cir. 2009) (Appeal from district court reversing bankruptcy court decision on dairy farmers Ch. 12 bankruptcy filing) Text
Donham v. U.S. Forest Serv., No. 07-CV-111-MJR, 2008 WL 5221102 (S.D. Ill. Dec. 12, 2008) (FOIA request moot)
Edwards v. U.S. Dep’t of Agric., 584 F.Supp.2d 595(W.D. N.Y. 2008) (review of agency order to reimburse benefits) Text
Widtfeldt v. Schafer, 290 F. App’x 963 (8th Cir. 2008) (injunctive relief under the APA and challenging USDA order)
Wiese v. Cmty. Bank of Cent. Wis., No. 08-cv-272-bbc, 2008 WL 4756679 (W.D. Wis. Oct. 28, 2008) (no final agency action)
Five Points Rd. Joint Venture v. Johanns, 542 F.3d 1121 (7th Cir. 2008) (NAD denial of EAJA claims) Text
White Eagle Coop. Ass’n v. Johanns, 508 F.Supp.2d 664 (N.D. Ind. 2007) (upholding agency rulemaking) Text
Cornucopia Inst. v. U.S. Dep’t of Agric., No. 06-C-0182-C, 2007 WL 5414894 (W.D. Wis. Feb. 21, 2007) (production of documents, attorney’s fees under the Freedom of Information Act)
Buchholz v. Rural Cmty. Ins. Co., No. 05C0115C, 2005 WL 1711153 (W.D. Wis. July 20, 2005) (exhaustion of remedies)
Buchholz v. Rural Cmty. Ins. Co., 402 F.Supp.2d 988, No. 05-C-0115-C (W.D. Wis. Nov. 28, 2005) (Breach of insurance company contract with failure to reimburse for crop losses; deny insurance company motion for summary judgment) Text
White Eagle Co-op. Ass’n v. Johanns, 396 F. Supp. 2d 954 (N.D. Ind. 2005) (upheld Order without following proper administrative procedures) Text
Raber v. U.S. Dep’t of Agric., No. 304CV0199RLYWGH, 2005 WL 1569463 (S.D. Ind. June 30, 2005) (application of EAJA)
Horn Farms v. Johanns, 397 F.3d 472 (7th Cir. 2005) (Swampbuster exemption) Text
Horn Farms, Inc. v. Veneman, 319 F. Supp. 2d 902 (N.D. Ind. 2004), rev’d sub nom. Text Horn Farms, Inc. v. Johanns, 397 F.3d 472 (7th Cir. 2005) (seeking review of decision to terminate operator from farm subsidy programs)
Shawnee Trail Conservancy v. Nicholas, 343 F. Supp. 2d 687 (S.D. Ill. 2004) (challenging court order that bans all ATV’s in National Forests) Text
Habitat Educ. Ctr., Inc. v. Bosworth, 221 F.R.D. 488 (E.D. Wis. 2004) (alleging that logging activities and timber sales in national forest violated NEPA, NFMA, and APA)
Alto Dairy v. Veneman, 336 F.3d 560 (7th Cir. 2003) (judicial review, adequate notice) Text
EIGHTH CIRCUIT
Iowa v. Wright, 154 F.4th 918, 2025 WL 2554549 (8th Cir. Sept. 5, 2025) (Court found the DOE did violate rulemaking procedures when they switched the calculation method of the petroleum-equivalency factor.) Text
Iowa v. Council on Environmental Quality, No. 25-1641, No. 25-1705, 2025 WL 2205808 (8th Cir. July 29, 2025) (Motion to dismiss and motion to vacate summary judgment are granted by the Court.)
Bio Gen LLC v. Sanders, 142 F.4th 591 (8th Cir. June 24, 2025) (Court held the challenged law was not conflict preempted by Agriculture Improvement Act of 2018; savings clause in challenged law was in effect.) Text
CTM Holdings, LLC v. USDA, 2025 WL 1532146, No.24-CV-2016-CJW-MAR (May 29, 2025) (Challenge to swampbuster provisions of the Food Security Act but court held the landowner did not have a claim under APA and the landowner failed to exhaust administrative remedies.) Text
Hirth v. Iowa Utilities Commission 771 F.Supp.3d 1058 (Dist. Ct., N.D. Iowa, Eastern Division, Mar. 11, 2025) (Challenge to the decision-making process used by the Iowa Utilities Commission to approve a pipeline operators permit but the court held that some of the plaintiffs assertions of injury were insufficient to allege an injury and the claims were asserted as ongoing violation thus as an exception to Eleventh Amendment immunity.) Text
Iowa v. Council on Environmental Quality, 765 F.Supp.3d 859 (Dist. Ct., D. N.D., Feb 03, 2025) (The District Court held that the CEQ rule was arbitrary and capricious and NEPA did not authorize the issuance of a binding rule.) Text
Climbing Kites LLC v. Iowa, 739 F.Supp.3d 742 (Dist. Ct. S.D. Iowa, July 2, 2024) (The Court held the hemp-based THC infused drink manufacturers did not demonstrate a likelihood of success on the merits of the APA claim.) Text
Spearfish Evans-Tonn Ditch Company v. Horizon Investments, LLC, 715 F.Supp.3d 1219 (Dist. Ct. D. South Dakota, Western Division, Feb 6, 2024) (Court held that the irrigation ditch manager failed to exhaust administrative remedies under CWA.) Text
Bio Gen, LLC v. Sanders, 690 F.Supp.3d 927 (Dist. Ct., E.D. Arkansas, Central Division, Sept. 7, 2023) (Court held that growers and retailers were likely to succeed on merits of claim that the law was expressly preempted by the Agriculture Improvement Act, and the law was void for vagueness.) Text
West Virgina v. U.S. EPA, 669 F.Supp.3d 781 (Dist. Ct. D. N.D., Apr. 12, 2023) (The Court held that Chevron deference did not apply to the agency’s rule and the states were likely to succeed on the merits of the claim that the rule violated the APA.) Text
Metzler v. Dep’t of Agric., No. 22-CV-263 (NEB/DJF), 2022 WL 18228413 (D. Minn. Dec. 19, 2022) (court dismisses petitioner’s lawsuit due to his failure to exhaust USDA administrative remedies)
Kroupa v. United States Farm Serv. Agency, No. 4:21-CV-04077-KES, 2022 WL 4534790 (D.S.D. Sept. 28, 2022) (agency decision was not arbitrary and capricious by reducing loss reimbursement under LIP) Text
Elbert v. United States Dep’t of Agric., No. CV 18-1574 (JRT/TNL), 2022 WL 2670069 (D. Minn. July 11, 2022) (although not the default APA remedy, court remanded, while leaving agency action intact, for FCIC to consider an amendment to a contingency pricing mechanism or leave original pricing method) Text
Foster v. United States Dep’t of Agric., 609 F. Supp. 3d 769 (D.S.D. 2022) (petitioner failed to establish that he suffered legal wrong or was adversely affected within meaning of the Swampbuster Act for purposes of review under the APA) Text
United Food & Com. Workers Union, Loc. No. 663 v. United States Dep’t of Agric., 36 F.4th 777 (8th Cir. 2022) (court finds that the district court did not abuse its discretion in ruling USDA proposed rule did not violate the APA) Text
United Food and Commercial Workers Union, Local No. 663 v. United States Department of Agriculture, 451 F.Supp.3d 1040 (D. Minn., 2020) (USDA’s proposed rule to eliminate production line speed limits in slaughterhouses was not arbitrary and capricious under the APA) Text
Epp v. Nat. Res. Conservation Serv., 425 F. Supp. 3d 1142 (D. Neb. 2019) (ALJ’s determination that NRCS decision was not an adverse decision and not appealable to NAD was arbitrary and capricious) Text
Davids as Tr. of Harold D. v. United States Dep’t of Agric., 367 F. Supp. 3d 880 (N.D. Iowa 2019) (judicial review of final decision of the USDA determining wetland conversion activity on the farm) Text
Org. for Competitive Mkts. V. U.S. Dep’t of Agric, 912 F. 3d 466 (8th Cir. 2018) (petition to review USDA orders withdrawing interim final rule and two proposed regulations under Packers and Stockyards Act)
Franconia Minerals (US) LLC v. United States, 319 F.R.D. 261 (D. Minn. 2017) (asserting claims under the Quiet Title Act and the Administrative Procedure Act) Text
Foster v. Vilsack, 820 F.3d 330 (8th Cir. 2016) (challenging the determination by the USDA that portion of owner’s farmland was protected wetland) Text
Midland Farms, LLC v. U.S. Dep’t of Agric., 35 F. Supp. 3d 1056 (D.S.D. 2014) (seeking judicial review under the APA of FCIC’s policy interpretations in arbitration) Text
Dawson Farms v. Risk Mgmt. Agency, 698 F.3d 1079 (8th Cir. 2012) (challenging RMA’s denial of a claim for loss due to rot in their stored potatoes) Text
Syverson v. U.S. Dep’t of Agric., 601 F.3d 793 (8th Cir. 2010) (cease and desist order) Text
B&S Farms of Kasson, LLC v. U.S. Dep’t of Agric., No. 08-CV-5827 PJS/JJK, 2009 WL 2998551 (D. Minn. Sept. 15, 2009) (agency applying the improper standard; laches not a defense against the government) Text
Arnegard v. Feilmeier, No. 4:08-CV-083, 2009 WL 2590536 (D.N.D. Aug. 19, 2009) (review of NAD proceedings)
Carter v. High Country Mercantile, Inc., No. 08-0835-CV-W-ODS, 2009 WL 2244753 (W.D. Mo. July 28, 2009) (agency could prevent employees from testify or producing documents to protect agency’s privilege) Text
B&D Land & Livestock Co. v. Schafer, 615 F.Supp.2d 950 (N.D. Iowa 2009) (awarding attorney’s fees under the EAJA) Text
Keating v. Neb. Pub. Power Dist., 562 F.3d 923 (8th Cir. 2009) (exhaustion of remedies not required to bring due process claim) Text
B & D Land & Livestock Co. v. Schafer, 584 F.Supp.2d 1182 (N.D. Iowa 2008) (arbitrary and capricious wetlands determination) Text
Anderson v. Farm Serv. Agency of U.S. Dep’t of Agric., 534 F.3d 811 (8th Cir. 2008) (denial of crop disaster assistance payments) Text
Ranchers Cattlemen Action Legal Fund v. U.S. Dep’t of Agric., 566 F.Supp.2d 995 (D. S.D. 2008) (preliminary injunction to prevent implementation of final rule) Text
Wolfhole, Inc. v. U.S. Dep’t of Agric., No. 1:07CV73 CDP, 2008 WL 1805369 (E.D. Mo. April 17, 2008) (arbitrary and capricious denial of CSP application)
B & D Land & Livestock Co. v. Veneman, 534 F.Supp.2d 891 (N.D. Iowa 2008) (granting a preliminary injunction against agency action) Text
Dismuke v. Connor, Nos. 05-CV-1003, 05-CV-1004, 2007 WL 4463567 (W.D. Ark. Dec. 14, 2007) (discrimination in farm loan processing) Text
Anderson v. Farm Serv. Agency, 502 F.Supp.2d 924 (D. Minn. 2007) (substantial evidence) Text
Widtfeldt v. Johanns, No. 8:05CV49, 2006 WL 8448853, at *1 (D. Neb. Dec. 11, 2006) (seeking judicial review of a final agency determination by the NAD) Text
Ballanger v. Johanns, 451 F.Supp.2d 1061 (S.D. Iowa 2006), aff’d, 495 F.3d 866 (8th Cir. 2007) (failure to exhaust remedies, Chevron deference to agency) Text
Ace Prop. & Cas. Ins. Co. v. Fed. Crop Ins. Corp., 440 F.3d 992 (8th Cir. 2006) (exhaustion of remedies) Text
Barnes v. U.S., 448 F.3d 1065 (8th Cir. 2006) (FSIS tort immunity) Text
Barger v. Johanns, No. 4:04CV3268, 2006 WL 680889, 2006 U.S. Dist. LEXIS 14331 (D. Neb. Mar. 13, 2006) (farm program eligibility)
Miller v. U.S. Dep’t of Agric., No. 2:06CV0004MLM, 2006 WL 2038631, at *1 (E.D. Mo. July 19, 2006) (judicial review under APA) Text
Clason v. Johanns, 438 F.3d 868 (8th Cir. 2006) (marketing assistance loan rate) Text
Davies v. Johanes(sic), 409 F.Supp.2d 1150 (W.D. Mo. 2006), rev’d 477 F.3d 968 (8th Cir. 2007) (shared appreciation recapture) Text
Mages v. Johanns, 431 F.3d 1132 (8th Cir. 2005) (payment limitations) Text
Rain & Hail Ins. Serv., Inc. v. Fed. Crop. Ins. Corp., 426 F.3d 976 (8th Cir. 2005) (reinsurance) Text
Siebrasse v. U.S. Dep’t of Agric., 418 F.3d 847 (8th Cir. 2005) (upholding agency decision) Text
Mitchell v. Johanns, 400 F.Supp.2d 1133 (S.D. Iowa 2005) (affirming NAD decision to hold joint and severally liable for payment scheme) Text
Rosenau v. Farm Serv. Agency, 395 F.Supp.2d 868 (D. N.D. 2005) (NRCS did not follow proper procedures) Text
Neb. Beef, Ltd. v. Greening, 398 F.3d 1080 (8th Cir. 2005) (Bivens remedy availability) Text
Ace Prop. & Cas. Ins. Co. v. Fed. Crop Ins. Corp. & Risk Mgmt. Agency, 357 F.Supp.2d 1140 (S.D. Iowa 2005) (exhaustion of remedies) Text
Sierra Club v. Bosworth, 352 F.Supp.2d 909 (D. Minn. 2005) (supplementing record; exhaustion of remedies; appropriateness of agency action; agency compliance with regulation) Text
Anderson v. Farm Serv. Agency of U.S. Dep’t of Agric., No. 04-2971ADMAJB, 2004 WL 2674157 (D. Minn. Nov. 23, 2004) (exhaustion of remedies, agency expertise) Text
B & D Land & Livestock Co. v. Veneman, 332 F.Supp.2d 1200 (N.D. Iowa 2004) (wetland determination is subject to administrative appeal) Text
Iowa Citizens for Cmty. Improvement v. U.S. Dep’t of Agric., 256 F.Supp.2d 946 S.D. Iowa 2002) (granting FIOA request) Text
Branstad v. Veneman, 232 F.Supp.2d 945 (N.D. Iowa 2002) (denial of attorney’s fees under EAJA) Text
B & D Land & Livestock Co. v. Veneman, 231 F.Supp.2d 895 (N.D. Iowa 2002) (granting preliminary injunction to keep eligible for farm program) Text
In re 2000 Sugar Beet Crop Ins. Litig. 2002, 228 F. Supp.2d 999 (D. Minn. 2002), rev’d sub nom. Nat. Crop Ins. Serv., Inc. v. Fed. Crop Ins. Corp., 351 F.3d 346 (8th Cir. 2003) (exhaustion of remedies) Text
Kuster v. Veneman, 226 F.Supp.2d 1190 (D. N.D. 2002) (exhaustion of remedies) Text
Lane v. U.S. Dep’t of Agric., 294 F.3d 1001 (8th Cir. 2002) (attorneys’ fees under EAJA) Text
Branstad v. Veneman, 212 F.Supp.2d 976 (N.D. Iowa 2002) (vacating denial of administrative appeal) Text
Bukaske v. U.S. Dep’t of Agr., 2002 DSD 5, 193 F. Supp. 2d 1162 (D.S.D. 2002) (judicial review of requirement to pay shared appreciation to FSA) Text
NINTH CIRCUIT
Arizona Mining Reform Coalition v. U.S. Forest Service, No. 25-5185, No. 25-5189, No. 25-5197, 2026 WL 711200 (9th Cir. Mar. 13, 2026) (Court held the plaintiffs had Article III standing and the final environmental impact statement was reviewable as a final agency action.) Text
Natural Grocers v. Rollins, 157 F.4th 1143 (9thCir. Oct. 31, 2025) (The court held that AMS failed to comply with AMA when they exempted foods from the definition of “bioengineered food.”) Text
California v. USDA, 2025 WL 2678567, No.25-cv-06310-MMC (Dist. Ct., N.D. California, Sept. 18, 2025) (The Court held that the USDA’s request for SNAP data constituted a final agency action that required judicial review under the APA, and the plaintiffs possessed the likelihood of success on the claim that USDA violated the SNAP Act which violated the APA.) Text
Cascadia Wildlands v. United States Bureau of Land Management, 153 F.4th 869 (9thCir. Aug. 27, 2025) (The Court held the BLM’s interpretation was entitled to deference and the agency took a hard look at the impact under NEPA.) Text
San Carlos Apache Tribe v. United States Forest Service, 2025 WL 2377321 No. CV-21-00068-PHX-DWL, No.CV-21-00122-PHX-DWL (Dist. Ct. D. AZ, Aug. 15, 2025) (The court held that the challengers were not likely to succeed on its claim that under the APA the Forest Service’s FEIS was arbitrary and capricious.) Text
Kapa’a v. Trump, 794 F.Supp.3d 793 (Dist. Ct., D. Hawai’i, Aug. 8, 2025) (The court held the National Marine Fisheries Service letter constituted a final “agency action” under the APA.)
Center for Biological Diversity v. U.S. Fish and Wildlife Service, 2025 WL 2223573 (Dist. Ct. D. Montana, Missoula Divisions, Aug. 5, 2025) (The Court held that when the FWS left the state of Colorado out of the analysis of the gray wolf population, that was arbitrary and capricious.) Text
Center for Biological Diversity v. United States Bureau of Land Management, 141 F.4th 976 (9th Cir. June 13, 2025) (The Court held that the BLM’s approval of the alternative version of project that did not meet the full development standard was arbitrary and capricious.) Text
Oregon Natural Desert Association v. Raby, 780 F.Supp.3d 1085 (Dist. Ct., D. Oregon, Apr. 30, 2025) (The Court held that BLM’s changes to the management direction were a policy change under the APA and the challenger was likely to succeed on the merits of its NEAP and FLMPA claims.) Text
Cascadia Wildlands v. Adcock, 779 F.Supp.3d 1213 (Dist. Ct., D. Oregon, Apr. 24, 2025) (The Court held that the BLM violated NEPA because they did not prepare an EIS after they prepared an EA.) Text
Alliance for Wild Rockies v. U.S. Forest Service, 774 F. Supp. 3d 1253 (Dist. Ct. D, Idaho, Mar. 31, 2025) (The Court held that the motion to supplement the administrative record was moot.) Text
Williamette Riverkeeper v. National Marine Fisheries Service, 763 F.Supp.3d 1203 (Dist. Ct. D. Oregon, Jan 21. 2025) (The Court held the biological opinion did not use the best scientific data required by ESA, and its consideration of certain factors was arbitrary and capricious, and the ESA incidental take statement was not arbitrary and capricious, and the EIS complied with NEPA.) Text
Montana Wildlife Federation v. Haaland, 127 F.4th 1 (9th Cir. Jan 17, 2025) (The Court held that the BLM’s shortened comment and protect periods violated FLPMA.) Text
Federated Indians of Graton Rancheria v. Haaland, 762 F.Supp.3d 888 (Dist. Ct. N.D., Jan. 10, 2025) (The Court held that the DOI’s finding was a final agency action subject to judicial review under the APA.) Text
National Family Farm Coalition v. Vilsack, 758 F.Supp.3d 1060 (Dist. Ct. N.D. Dec. 2, 2024) (Plaintiffs sought judicial review of APHIS final rule under APA; the court held the agency did not exceed its power but violated APA when it failed to explain certain aspects of the rule and the conventional-breeding exemption in the rule was arbitrary and capricious.) Text
Center for Food Safety v. EPA, 757 F.Supp.3d 997 (Dist. Ct. N.D. CA, Nov. 20, 2024) (The Court held the EPA did not act arbitrarily and capriciously when it denied a petition concerning the EPA’s determination on neonicotinoid-treated seeds under FIFRA.) Text
WildEarth Guardians v. Bucknall, 756 F.Supp.3d 1017 (Dist. Ct. D., Montana, Nov. 7, 2024) (The Court held that several factors weighed in favor of an EIS.) Text
Hualapai Indian Tribe v. Haaland, 755 F.Supp.3d 1165 (Dist. Ct. D., AZ, Nov. 5, 2024) (The Court held the tribe had a likelihood of success on the merits of the claim that the BLM failed to take a hard look at the impacts under NEPA.) Text
Klamath Forest Alliance v. U.S. Forest Service, 746 F.Supp.3d 761 (Dist. Ct., N.D. CA, Aug. 23, 2024) (The Court held that the Forest Service took the hard look as required by NEPA and the size of the projects did not make the FONSI and choice to not prepare an EIS arbitrary.) Text
Northwest Environmental Advocates v. U.S. EPA, 745 F.Supp.3d 1150 (Dist. Ct. D. Oregon, Aug. 20, 2024) (The Court held that the EPA did not arbitrability and capriciously approved the DEQ’s priority rankings and the agency’s failure to approve or disapprove the schedule for TMDL submission violated the CWA but the APA claim regarding the schedule was not viable.) Text
Cook Inletkeeper v. U.S. Department of the Interior, 740 F.Supp.3d 767 (Dist. Ct. D. AK, July 16, 2024) (The Bureau of Ocean Energy Management failed to take a hard look at the impacts on the whales from the noise pollution but did take a hard look at the large oil spill.) Text
National Resources Defense Council v. Haaland, 102 F.4th 1045 (9thCir. May 23, 2024)(Suit alleging violation of the APA and ESA by the FWS but the court held the FWS consultation and letter of concurrence satisfied ESA.) Text
Greater Hells Canyon v. Wilkes, 790 F.Supp.3d 1029 (Dist. Ct. D. Oregon, Mar. 29, 2024) (The FWS did not take a hard look at the effects of changing the standard.) Text
Johnson v. United States, 718 F.Supp.3d 942 (Dist. Ct. D. AZ Feb, 26, 2024) (The Court held that under the APA the USFS’s decision was not arbitrary and capricious.) Text
Nevada Irrigation District v. Sobeck, 705 F.Supp.3d 1093 (Dist. Ct. E.D. CA, Dec. 6, 2023) (The court held the issuance of the water quality certificate did constitute a final agency decision subject to judicial review.) Text
Sovereign Inupiat for a Living Arctic v. BLM, 701 F.Supp.3d 862 (Dist. Ct. D. AK, Nov. 9, 2023)(This case reviewed an administrative decision and the court held that BLM satisfied NEPA by considering alternatives and adequately analyzing GHG emissions.) Text
Department of Fish and Game v. Federal Subsistence Board, 700 F.Supp.3d 775 (Dist. Ct. D. AK, Nov. 3, 2023) (The Court held the major questions doctrine did not apply to the challenged Federal Subsistence Board to open an emergency hunt for rural subsistence hunters.) Text
Solar Energy Industries Association v. Federal Energy Regulatory Commission, 80 F.4th 956 (9th Cir. Sept. 5, 2025) (FERC violated NEPA because they did not prepare the EA before they issues the order.) Text
Alliance for the Wild Rockies v. Marten, 685 F.Supp.3d 971 (Dist. Ct. D. Montana, August 3, 2023) (The Court held the biological opinion did violate the ESA and was arbitrary and capricious.) Text
Wilderness Watch v. U.S. Fish and Wildlife Service, 685 F.Supp.3d 950 (Dist. Ct. D. Montana, Aug. 2, 2023) (The Court held the challengers were likely to succeed on the merits of the claim that the project’s approval did violate the APA.) Text
Environmental Protection Information Center v. Van Atta, 692 F.Supp.3d 879 (Dist. Ct. N.D. CA, July 11, 2023) (The Court held that the Service’s decision to not to prepare an EIS was arbitrary and capricious.) Text
Center for Biological Diversity v. U.S. BLM, 675 F.Supp.3d 1112 (Dist. Ct. D. Idaho, June 2, 2023) (The court held that the lower court did not take judicial notice of the BLM’s record, highlighting the determination that the sage-grouse lek was not lek.) Text
Washington v. U.S. FDA, 670 F.Supp.3d 1150 (Dist. Ct. E.D., Washington, Apr. 21, 2023) (Suit brought under the APA but the court denied the motion to interview as they did not have a significant protectable interest.) Text
Wright v. Costco Wholesale Corporation, 651 F.Supp.3d 1099 (Dist. Ct. N.D. CA, Jan, 17, 2023) (the Court held that the primary jurisdiction doctrine would not be invoked to dismiss the consumer’s class action.) Text
Cleveland v. Xiong, No. 122CV01366ADABAM, 2023 WL 100871 (E.D. Cal. Jan. 4, 2023) (petitioner failed to identify a final agency decision for review as required under the APA) Text
Ctr. for Food Safety v. Perdue, No. 20-CV-00256-JSW, 2022 WL 4793438 (N.D. Cal. Sept. 30, 2022) (court rules FSIS did not violate the APA under its hog HIMP report data final rule) Text
Ctr. For Food Safety v. Vilsack, No. 21-15883 (9th Cir. 2022)(Reviewing agency action concerning regulations barring organic certification of hydroponically grown crops) Text
Nat. Grocers v. Vilsack, No. 20-CV-05151-JD, 2022 WL 4227248 (N.D. Cal. Sept. 13, 2022) (USDA violated APA by implementing standalone text message disclosure option for bioengineered food disclosure standards) Text
International Society for Protection of Mustangs and Burros v. United States Department of Agriculture, 2022 WL 3588223 (D.Ariz., 2022) (denial of motion for preliminary injunction because agency action did not violate the APA) Text
Pub. Timber Purchasers’ Grp. v. United States Dep’t of Agric., 580 F. Supp. 3d 863 (E.D. Cal. 2022) (agency decision increasing small business share allocation for timber sales in the national forest system was not arbitrary or capricious) Text
Axon Enter., Inc. v. Fed. Trade Comm’n, 986 F.3d 1173 (9th Cir. 2021), cert. granted in part, 211 L. Ed. 2d 604, 142 S. Ct. 895 (2022), and rev’d and remanded, 143 S. Ct. 890 (2023) (corporation’s constitutional claims related to FTC’s structure were not wholly collateral to administrative review scheme, as factor supporting implied preclusion of district court’s jurisdiction) Text
Hall v. U.S. Dep’t of Agric., 984 F.3d 825 (9th Cir. 2020) (requesting injunction barring USDA from denying SNAP allotments under Families First Coronavirus Response Act) Text
California v. Bernhardt, 460 F.Supp.3d 875 (N.D.Cal., 2020) (states established injury-in-fact, causation, and redressability requirements as required by the APA in bringing their claim against FWS) Text
W. Watersheds Project v. Bernhardt, 392 F. Supp. 3d 1225 (D. Or. 2019) (organizations likely to succeed on merits of claim that BLM’s decision to renew grazing permits was arbitrary and capricious under the APA) Text
Anato v. United States Dep’t of Agric., Rural Dev., No. CV-17-28-GF-BMM-JTJ, 2018 WL 3466950, at *1 (D. Mont. July 18, 2018) (seeking review of an order of the NAD) Text
Ctr. for Food Safety v. Perdue, 320 F. Supp. 3d 1101 (N.D. Cal. 2018), appeal dismissed, No. 18-16378, 2018 WL 5304837 (9th Cir. Aug. 16, 2018) (challenging the process for certifying foods as “organic”) Text
Ctr. for Food Safety v. Vilsack, No. 15-CV-01590-HSG, 2016 WL 4698901 (N.D. Cal. Sept. 8, 2016) (challenging order by the Secretary) Text
Ctr. for Envtl. Health v. McCarthy, 192 F. Supp. 3d 1036 (N.D. Cal. 2016) (alleging violation of the APA) Text
Harmon v. United States Dep’t of Agric., 666 F. App’x 698 (9th Cir. 2016) (action under APA challenging decision of FSA that farmer was ineligible for farm program payments)
Quick Korner Mkt. v. U.S. Dep’t of Agric., Food & Nutrition Serv., 180 F. Supp. 3d 683 (S.D. Cal. 2016) (seeking judicial review of the agency’s decision to withdraw authorization from owners’ store to participate in food stamp program) Text
Noceti v. U.S. Dep’t of Agric., Risk Mgmt. Agency, No. 214CV01177KJMGGH, 2016 WL 304621, at *1 (E.D. Cal. Jan. 26, 2016) Text, report and recommendation adopted sub nom. Noceti v. US Dep’t of Agric., No. 214CV01177KJMGGH, 2016 WL 4046978 (E.D. Cal. Mar. 22, 2016) (judicial review under the Administrative Procedure Act (APA) of final agency action relating to a federal crop insurance program)
Organized Vill. of Kake v. U.S. Dep’t of Agric., 746 F.3d 970 (9th Cir. 2014)(challenging Record of Decision which temporarily exempted Tongass National Forest from Roadless Rule) Text, on reh’g en banc, 795 F.3d 956 (9th Cir. 2015)(alleging that exemption of national forest from roadless rule violated the National Environmental Policy Act and APA) Text
Koshman v. Vilsack, 865 F. Supp. 2d 1083 (E.D. Cal. 2012) (violation of the Swampbuster provisions) Text
Horne v. U.S. Dep’t of Agr., 395 F. App’x 486 (9th Cir. 2010) (seeking judicial review of dismissal of administrative petition)
Schroeder v. U.S., No. CV 08-1277 AC, 2010 WL 3222106 (D. Or. Aug. 13, 2010) (attorney’s fees pursuant to Equal Access to Justice Act) Text
Citizens for Better Forestry v. U.S. Dep’t of Agric., No. 08-01927, 2010 WL 3222183 (N.D. Cal. Aug 13, 2010) (action for attorney’s fees)
Oregon Natural Desert Ass’n v. Tidwell, 716 F.Supp.2d 982 (D. Or. 2010) (challenge under the ESA and NFMA for grazing permits) Text
Buckingham v. Sec’y of U.S. Dep’t of Agric., 603 F.3d 1073 (Ninth Circuit 2010) (failure to exhaust remedies) Text
Fence Creek Cattle Co. v. U.S. Forest Serv., 602 F.3d 1125 (Ninth Circuit 2010), aff’g, No. 06-1236-SU, 2008 WL 89622 (D. Or. Jan. 7, 2008) (cancellation of grazing permit did not deprive plaintiff of due process rights under APA) Text
Carlin v. Dairy Am., Inc., 690 F.Supp.2d 1128, No. 1:09-CV-00430-AWI-DLB, 2010 WL 529436 (E.D. Cal. Feb. 9, 2010) (filed rate doctrine; raw milk) Text
Hells Canyon Pres. Council v. U.S. Forest Serv., 593 F.3d 923 (9th Cir. 2010) (failure to keep map; challenges to boundary time-barred) Text
Schroeder v. United States, 683 F. Supp. 2d 1129 (D. Or. 2010) (compel enforcement of her interpretation of a final determination) Text
Horne v. USDA, No. CV-F-08-1549 LJO SMS, 2009 WL 4895362 (E.D. Cal. Dec. 11, 2009) (review of agency decision) Text
Levine v. Vilsack, 587 F.3d 986 (9th Cir. 2009) (standing to challenge interpretive rule) Text
Delano Farms Co. v. Calif. Table Grape Comm’n, No. 1:07-CV-1610 OWW SMS, 2009 WL 3586056 (E.D. Cal. Oct. 27, 2009) (violations of the APA) Text
Olsen v. United States, 665 F.Supp.2d 1225 Nos. CV-08-5012-FVS, CV-08-5013-FVS, 2009 WL 3188423 (E.D. Wash. Sept. 30, 2009) (jurisdiction of NAD) Text
Cal. Trout v. FERC, 572 F.3d 1003 (9th Cir. 2009) (upholding agency decision to deny attempts to intervene in renewal of license to operate dam) Text
Lion Raisins, Inc. v. U.S. Dep’t of Agric., 636 F. Supp. 2d 1081 (E.D. Cal. 2009) (administrative search; FIOA requests) Text
Idaho Wool Growers Ass’n v. Schafer, 637 F.Supp.2d 868 (D. Idaho 2009) (final agency action; advisory committees) Text
Ctr. For Biological Diversity v. Wagner, No. 08-302-CL, 2009 WL 21706049 (D. Or. June 20, 2009) (claim agency violated statutory duties when allowing grazing)
Geertson Seed Farms v. Johanns, 570 F.3d 1130 (9th Cir. 2009) (upholding injunction for not complying with NEPA) Text
Rookstool v. U.S. Dep’t of Agric., No. 3:06-CV-00499-LRH-VPC, 2009 WL 1684439 (D. Nev. June 12, 2009) (failure to show expert’s fees recoverable under EAJA) Text
W. Watersheds Project v. Bureau of Land Mgmt., 629 F.Supp.2d 951 (D. Ariz. 2009) (judicial review of claims under the APA) Text
Citizens for Better Forestry v. U.S. Dep’t of Agric., 567 F.3d 1128 (9th Cir. 2009) (withdrawal of policy by agency did not mean “prevailing party” for EAJA) Text
Goat Ranchers of Or. v. Williams, No. 08-97-ST, 2009 WL 883581 (D. Or. Mar. 30, 2009) (standing to challenge Cougar Management Program) Text
Lion Raisins, Inc. v. U.S. Dep’t of Agric., No. 1:08-CV-00358-OWW-SMS, 2009 WL 160283 (E.D. Cal. Jan. 21, 2009) (FOIA requests) Text
McGuire v. United States, 550 F.3d 903 (9th Cir. 2008) (exhaustion of remedies not required; jurisdiction under Tucker Act) Text
Wildwest Inst. v. Rainville, No. CV07-466-S-EJL, 2008 WL 5220938 (D. Idaho Dec. 11, 2008) (exhaustion of remedies)
Citizens for Better Forestry v. U.S. Dep’t of Agric., Nos. C 05-1144 PJH, C 04-4512 PJH, 2008 WL 5210945 (N.D. Cal. Dec. 11, 2008) (attorney’s fees under EAJA for successful NEPA challenge) Text
Horne v. United States Dep’t of Agric., No. 1:08-CV-00402 OWW SMS, 2008 WL 4911438 (E.D. Cal. Nov. 13, 2008) (failure to file for judicial review within allowed time)
Californians for Humane Farms v. Schafer, No. C 08-03843 MHP, 2008 WL 4449583 (N.D. Cal. Sept. 29, 2008) (challenge to Egg Board’s budget) Text
Easterday Ranches, Inc. v. U.S. Dep’t of Agric., No. CV-08-5067-RHW, 2008 WL 4426004 (E.D. Wash. Sept. 25, 2008) (denial of injunction to prevent implementation of final rules)
Rookstool v. U.S. Dep’t of Agric. No.3:06-CV-00499-LRH-VPC, 2008 WL 4167082 (D. Nev. Sept. 28, 2008) (EAJA; attorney’s fees) Text
Lion Raisins, Inc. v. U.S. Dep’t of Agric., No. 1:05-CV-00062 OWW-SMS, 2008 WL 3834271 (E.D. Cal. Aug. 14, 2008) (FOIA request) Text
Levine v. Conner, 540 F.Supp.2d 1113 , No. C 05-04764 MHP (N.D. Cal. 2008) (Chevron deference to agency’s interpretation) Text
W. Watersheds Project v. Kraayenbrink, 538 F.Supp.2d 1302 (D. Idaho 2008) (agency failed to take hard look and was arbitrary and capricious in grazing permit regulations) Text
Or. Natural Desert Ass’n v. Lohn, 522 F.Supp.2d 1295 (D. Or. 2007) (collection of attorney’s fees under EAJA) Text
Ctr. for Food Safety v. Johanns, 451 F.Supp.2d 1165, Civ. No. 03-00621 JMS/BMK, 2007 WL 3072860 (D. Haw. Sept. 1, 2006) (upholding EAJA award) Text
Amalgamated Sugar Co. LLC v. Johanns, No. 06-167-S-EJL, 2007 WL 2612675 (D. Idaho Sept. 6, 2007) (Chevron deference to agency’s interpretation)
Stevens County v. U.S. Dep’t of Interior, 507 F.Supp.2d 1127 (E.D. Wash. 2007) (review of agency determination to limit grazing in federal forest) Text
Aageson Grain & Cattle v. U.S. Dep’t of Agric., 500 F.3d 1038 (9th Cir. 2007) (application of EAJA in a NAD proceeding) Text
Ranchers Cattlemen Action Legal Fund United Stockgrowers of Am. v. U.S. Dep’t of Agric., 499 F.3d 1108 (9th Cir. 2007) (rulemaking did not violate APA) Text
The Cloud Found., Inc. v. Kempthorne, No. CV 06 111 BLG RFC, 2007 WL 1876486 (D. Mont. Mar. 10, 2008) (claim barred by statute of limitations) Text
W. Watersheds Project v. Kraayenbrink, 583 F.Supp.2d 1302, Nos. CV-05-297-E-BLW, CV-06-275-E-BLW, 2007 WL 1667618 (D. Idaho Feb. 28, 2008) (agency did not take hard look at NEPA and required to consult with other agencies) Text
Ctr. For Food Safety v. Johanns, CV. No. 03-00621 JMS-BMK, 2007 WL 3072863 (D. Haw. Apr. 19, 2006) (field testing of GMOs and compliance with ESA and NEPA) Text
Or. Natural Desert Ass’n v. Lohn, 485 F.Supp.2d 1190 (D. Or. 2007) (agency’s decision was arbitrary and capricious) Text
Lion Raisins, Inc. v. U.S Dep’t of Agric., 231 F. App’x 565 (9th Cir. 2007) (Freedom of Information Act)
Geertson Farms, Inc. v. Johanns, 439 F.Supp.2d 1012, No. C 06-01075 CRB (N.D. Cal. July 16, 2006) (not following proper NEPA procedures) Text
Safe Air for Everyone v. U.S. Envtl. Prot. Agency, 475 F.3d 1096 (9th Cir. 2007) (EPA’s statutory interpretation was arbitrary and capricious) Text
Or. Natural Desert Ass’n v. U.S. Forest Serv., 465 F.3d 977 (9th Cir. 2006) (final agency action under the APA) Text
Western Watersheds Project v. Kraayenbrink, No. CV-05-297-E-BLW, CV-06-275-E-BLW (D. Idaho, Nov. 9, 2006)(Order setting the schedule for litigation) Text No. CV-05-297-E-BLW, CV-06-275-E-BLW (D. Idaho, Mar. 27, 2007)(Denied motion to dismiss, grant the motion to amend, deny the motion for injunctive relief as moot) Text No. CV-05-297-E-BLW, CV-06-275-E-BLW (D. Idaho, Feb. 28, 2008)(Ruling on the legality of BLM’s revisions to grazing regulations) Text
Geertson Farms, Inc. v. Johanns, 439 F.Supp.2d 1012 (N.D. Cal. 2006) (failure to exhaust administrative remedies) Text
Cactus Corner, LLC v. U.S. Dep’t of Agric., 450 F.3d 428 (9th Cir. 2006) (risk level) Text
W. Watersheds Project v. Secrist, No. CV 04 167 S BLW, 2009 WL 897718 (D. Idaho Mar. 31, 2006) (awarding of attorneys’ fees under EAJA)
Robbins v. U.S. Bureau of Land Mgmt., 438 F.3d 1074 (10th Cir. 2006) (waiver of sovereign immunity by APA) Text
Ctr. for Biological Diversity v. U.S. Dep’t of Energy, No. C 05-01526 WHA (N.D. Cal. Mar. 6, 2006) (seek enforcement of Energy Policy Act of 1992; compliance reporting) Text
Clinger v. Farm Serv. Agency, No. CV 04 424 E BLW, 2006 WL 581192 (D. Idaho Mar. 8, 2006) (unreasonable interpretation of statute)
Cactus Corner, LLC v. U.S. Dep’t of Agric., 346 F. Supp. 2d 1075 (E.D. Cal. 2004), aff’d, 450 F.3d 428 (9th Cir. 2006) (challenging rule allowing, and setting conditions for, resumption of importation of Spanish clementines) Text
Vigel v. Leavitt, 381 F.3d 826 (9th Cir. 2004) (review of final agency rule) Text
Ranchers Cattlemen Action Legal Fund v. Veneman, No. 04-BLG-RFC, 2004 WL 1151970 (D. Mont. May 5, 2004) (challenge of mad cow regulation)
Lion Raisins, Inc. v. U.S. Dep’t of Agric., 354 F.3d 1072 (9th Cir. 2004) (Freedom of Information Act) Text
Pauly v. U.S. Dep’t of Agric., 348 F.3d 1143 (9th Cir. 2003) (exhaustion of remedies, recapture of appreciation) Text
McBride Cotton & Cattle Corp. v. Veneman, 296 F.Supp.2d 1125 (D. Ariz. 2003) (agency authority, due process) Text
Hemp Indus. Ass’n v. Drug Enforcement Admin., 333 F.3d 1082 (9th Cir. 2003) (notice and comment) Text
Ora Vaca, Inc. v. Norton, 55 Fed. App’x 433 (9th Cir. 2003) (company not a prevailing party under EAJA)
Idaho Sporting Cong., Inc. v. Rittenhouse, 305 F.3d 957 (9th Cir. 2002) (exhaustions of remedies) Text
McBride Cotton & Cattle Corp. v. Veneman, 290 F.3d 973 (9th Cir. 2002) (exhaustions of remedies) Text
TENTH CIRCUIT
In Re Ex Parte Search Warrant Application in the Matter of: EPA Administrative Inspection on UTE Tribal Land Chipeta Gas Plant 40.038007, -109.420447 Walker Hollow CS 40.1851, -109.3040 Wexpro Island CS 39.9600, -109.7170 Berry petroleum LLC and Berry Corporation Facilities SM Energy Facilities, No. 2:26-mj-00149-CMR-1, 2026 WL 735102 (D. Utah, Mar. 13, 2026) (denial of administrative search warrant by a magistrate judge)
Splash Farms, Inc. v. Oklahoma, No. 25-CV-512-CDL, 2026 WL 560201 (N.D. Okla. Feb. 26, 2026) (Court granted Emergency Motion limited to the continued operation of the plaintiff’s outdoor growing operation.) Text
Center for Biological Diversity v. United States Environmental Protection Agency, 149 F.4th 1142 (10th Cir. Aug. 12, 2025) (Review of EPA approval of CO’s SIP for NAAQS under CWA but court held the agency did not arbitrarily approve the edit to the permit requirement but did arbitrarily approve the revised definition in question.) Text
American Wild Horse Campaign v. Raby, 144 F.4th 1178 (10th Cir. July 15, 2025) (Review of BLM’s amendments to RMP alleging violation of NEPA, FLPMA, and the Wild Free-Roaming Horses and Burros Act.) Text
Center for Biological Diversity v. Berger, 785 F.Supp.3d 894 (Dist. Ct. D. Colorado, May 29, 2025) (Challenge BLM’s permanent instruction memorandum as violating the APA; court held the plaintiffs failed to prove Article III standing.) Text
Southern Utah Wilderness Alliance v. United States Department of the Interior, 783 F.Supp.3d 1354 (Dist. Ct. D. Utah, May 19, 2025) (Challenge to BLM’s EIA under NEPA and ESA). Text
WildEarth Guardians v. U.S. Forest Service, 137 F.4th 1068 (10th Cir. May 9, 2025) (Challenge the USFS’s decision to open grazing allotments as a violation of the APA and NEPA) Text
American Wild Horse Campaign v. Burgum, 768 F.Supp.3d 1291 (Dist. Ct. D. CO, Mar. 3, 2025) (Challenge to BLM memorandum under the APA and NEPA) Text
San Luis Valley Ecosystem Council v. Dallas, 759 F.Supp.3d 1135 (Dist. Ct. D. Colorado, Dec. 13, 2024) (Review of USFS decision that approved an RMP for the Rio Grande National Forest; alleging violations of NEAP, NFMA, and APA.) Text
Friends of the Floridas v. United States Bureau of Land Management, 746 F.Supp.3d 1039 (Dist. Ct. D. New Mexico, Aug. 27, 2024) (Seeking review of the BLM’s approval of a mining project; alleging it violates NEPA, FLPMA, and APA.) Text
Rocky Mountain Wild v. Dallas, 98 F.4th 1263 (10th Cir., April 19, 2024) (Review of record of decision by FWS claiming violation of NEPA, ESA, ANILCA, and APA.) Text
Gunnison County Stockgrowers’ Association, Inc. v. U.S. Fish and Wildlife Commission, 707 F.Supp.3d 1056 (Dist. Ct. D. Colorado, Dec. 15, 2023) (Action to stay FWS action to renew a cooperative agreement that included a reintroduction plan for gray wolves.) Text
True Oil LLC v. Bureau of Land Management, 700 F.Supp.3d 1004 (Dist. Ct. D. Wyoming, Oct. 30, 2023) (Judicial review of the BLM decision to withhold approval of a permit application to drill.) Text vacated and remanded by True Oil, LLC v. Bureau of Land Management, 154 F.4th 1236 (10th Cir., Sept. 9, 2025).
Western Watersheds Project v. Vilsack, 696 F.Supp.3d 1033 (Dist. Ct. D. Wyoming, Sept. 29, 2023) (Petition for review of land management plan amendment under the APA, ESA, NEPA, and NFMA.) Text vacated and remanded by Western Watersheds Project v. Vilsack, 2024 WL 4589758 (10th Cir., Oct. 28, 2024).
Sinclair Wyoming Refining Company, LLC v. United States Environmental Protection Agency, 72 F.4th 1137 (10th Cir. July 5, 2023) (Court held that the EPA official email was not a reviewable final agency action.) Text
Citizens for Constitutional Integrity v. United States, 70 F.4th 1289 (10th Cir. June 12, 2023) (Action under APA and Surface Mining Control and Reclamation Act to challenge decision to grant coal-mining permit to expand a mine.) Text
Wyo-Ben Inc. v. Haaland, 63 F.4th 857 (10th Cir., March 20, 2023) (Claim under APAP alleging delay of agency action by failing to review the pending application.) Text
Citizens for Constitutional Integrity v. United States, 57 F.4th 750 (10th Cir. Jan. 10, 2023) (Challenge the Congressional Review Act and the Senate’s Cloture Rule.) Text
Glenwood Spring Citizens’ Alliance v. United States Department of the Interior, 639 F.Supp.3d 1168 (Dist. Ct. D. Colorado, Nov. 8, 2022) (Review under APA of the DOI’s interim decision allowing the mining company to mine minerals.) Text
Southern Utah Wilderness Alliance v. United States Department of the Interior, 44 F.4th 1264 (10th Cir. Aug. 16, 2022) (Challenging the BLM’s action under the APA for approving the county’s request to chip-seal a portion of a roadway crossing federal public land.) Text
Rocky Mountain Peace & Justice Center v. United States Fish and Wildlife Service, 40 F.4th 1133 (10th Cir. July 19, 2022) (Appeal of FWS’s approval of public trail system in a national wildlife refuge around a decommissioned nuclear facility.) Text
Northern New Mexico Stockman’s Association v. United States Fish and Wildlife Service, 30 F.4th 1210 (10th Cir. Apr. 15, 2022) (Challenge FWS’s critical habitat designation under the ESA for the NM meadow jumping mouse.) Text
Upper Green River Alliance v. United States Bureau of Land Management, 598 F.Supp.3d 1303 (Dist. Ct. D. Wyoming, Apr. 5, 2022) (Challenge under APA and NEPA of the BLM’s approval of a natural gas extraction project.) Text
Cardinal Land Conservancy, Inc. v. United States Dep’t of Agric., No. 1:18-CV-00534, 2022 WL 798360 (S.D. Ohio Mar. 16, 2022) (remand to NAD director for reconsideration under the proper standard) Text
Audubon of Kansas, Inc. v. United States Department of Interior, 568 F.Supp.3d 1167 (D.Kan., 2021) (organization failed to identify a final agency action regarding wetland as required to bring action and inaction claims under the APA) Text
Dobbs v. U.S. Forest Serv., No. 18-7007 (10th Cir. 2020) (allegation of APA violation for building permanent road) Text
KLC Farm v. Perdue, 426 F. Supp. 3d 837 (D. Kan. 2019) (NAD director’s decision was not arbitrary or capricious when concluding handbook provision directing FSA to use certain data to calculate crop year payments was non-binding policy statement and not mandatory rule enforceable against the agency) Text
Puckett v. United States Dep’t of Agric., 692 F. App’x 964, No. 16-6212 (10th Cir. 2017) (judicial review of that decision under the APA) Text
Cure Land, LLC v. United States Dep’t of Agric., 833 F.3d 1223 (10th Cir. 2016) (alleging violation of the APA) Text
Jarita Mesa Livestock Grazing Ass’n v. U.S. Forest Serv., 140 F. Supp. 3d 1123 (D.N.M. 2015) (challenging defendants’ decision to reduce number of grazing permits) Text
Jarita Mesa Livestock Grazing Ass’n v. U.S. Forest Serv., 58 F. Supp. 3d 1191 (D.N.M. 2014) (challenging ranger’s decision to reduce number of livestock grazing permits) Text
Jarita Mesa Livestock Grazing Ass’n v. U.S. Forest Serv., 61 F. Supp. 3d 1013 (D.N.M. 2014), Text amended in part, No. CIV. 12-0069 JB/KBM, 2015 WL 5138286 (D.N.M. Aug. 26, 2015) (alleging that 18% reduction in permits for cattle grazing within national forest violated their First Amendment) Text
Nat’l Ski Areas Ass’n, Inc. v. U.S. Forest Serv., 910 F. Supp. 2d 1269 (D. Colo. 2012) (judicial review) Text
Water Supply & Storage Co. v. U.S. Dep’t of Agric., 910 F. Supp. 2d 1261 (D. Colo. 2012) (judicial review) Text
Strich v. United States, 793 F. Supp. 2d 1238 (D. Colo. 2011) (challenge road and trail designations) Text
McKeen v. U.S. Forest Serv., 615 F.3d 1244 (10th Cir. 2010) (seeking to have defendants’ cancellation of his permits set aside) Text
Wyatt Estate ex rel. Vaughn v. Vilsack, No. 09-1140-JTM, 2010 WL 2985981 (D. Kan. Jul 27, 2010) (denial of extension of CRP contracts) Text
Lackey v. U.S. Dep’t of Agric., No. 08-2117, 2010 WL 2543160 (10th Cir. June 25, 2010) (appeal on sanctions) Text
Reitz v. USDA, No. 08-4131-SAC, 2010 WL 786586 (D. Kan. Mar. 4, 2010) (violations of Privacy Act) Text
Greater Yellowstone Coal. v. Tidwell, 572 F.3d 1115 (10th Cir. 2009) (no violation for rules authorizing federal lands to be used as elk feeding grounds) Text
Smithfork Grazing Ass’n v. Salazar, 564 F.3d 1210 (10th Cir. 2009) (final order can take effect before hearing on the record) Text
Stewart v. U.S. Dep’t of Interior, 554 F.3d 1236 (10th Cir. 2009) (FOIA request over grazing permits granted and retired) Text
Stewart v. Kempthorne, 554 F.3d 1245 (10th Cir. 2009) (review of agency decision to deny grazing permits; standing issues) Text
W. Org. of Res. Councils v. Bureau of Land Mgmt., 591 F.Supp.2d 1206 (D. Wyo. 2008) (agency decision was not arbitrary and capricious) Text
Lackey v. United States Dep’t of Agric., No. CV 07-842 JH/RLP, 2008 WL 11358868, at *1 (D.N.M. Feb. 21, 2008), report and recommendation adopted, No. CV 07-842 JH/RLP, 2008 WL 11358907 (D.N.M. Mar. 28, 2008), aff’d sub nom. Lackey v. U.S. Dep’t of Agric., 384 F. App’x 741 (10th Cir. 2010) (judicial review)
Harts v. Johanns, 433 F.Supp.2d 1251 (D. Kan. 2006) (exhaustion of remedies) Text
Gold Bank v. Johanns, No. 05-2239-JWL, 2005 WL 3536197 (D. Kan. Dec. 23, 2005) (denial of interest assistance application, jurisdiction)
Biller v. Veneman, 150 F. App’x 834 (10th Cir. 2005) (decision to terminate contract non-judicially reviewable)
Forest Guardians v. U.S. Dep’t of Interior, 416 F.3d 1173 (10th Cir. 2005) (FOIA requests) Text
Excel Corp. v. U.S. Dep’t of Agric., 397 F.3d 1285 (10th Cir. 2005) (grading and pricing under PSA) Text
Forest Guardians v. U.S. Dep’t of Interior, No. CIV-02-1003 JB/WDS, 2004 WL 3426434 (D. N.M. Feb. 28, 2004) (claim for FOIA fee waiver)
Bishop v. Veneman, 283 F.Supp.2d 1207 (D. Kan. 2003) (challenge of FSA regulation) Text
Payton v. U.S. Dep’t of Agric., 337 F.3d 1163 (10th Cir. 2003) (judicial review) Text
McKown v. U.S. Dep’t of Agric., 276 F.Supp.2d 1201 (D. N.M. 2003), aff’d 97 F. App’x 283 (10th Cir. 2004) (judicial review) Text
Landry v. Smith, 58 F. App’x 439 (10th Cir. 439) (exhaustion of remedies)
Sanders Land & Cattle Co. v. U.S. Dep’t of Agric., 49 F. App’x 211 (10th Cir. 2002) (upholding agency’s decision to deny application)
Dairy Producers of N.M. v. Veneman, 37 F. App’x 471 (10th Cir. 2002) (no violations of the non-delegation doctrine)
Robbins v. Wilkie, 300 F.3d 1208 (10th Cir. 2002) (Bivens damages) Text
ELEVENTH CIRCUIT
Philip Morris USA Inc. v. United States Food and Drug Administration, 2025 WL 2494732 (Dist. Ct. S.D. Georgia, Aug. 29, 2025) (Challenge FDA’s final rule requiring labels on cigarette packages.) Text
Skipper v. United States Fish and Wildlife Service, 796 F.Supp.3d 996 (Dist. Ct. S.D. Alabama, Aug. 21, 2025) (Challenge to the FWS’s final rule as a violation of the APA, ESA, and RFA.) Text
Friends of the Everglades, Inc. v. Noem, 796 F.Supp.3d 1234 (Dist. Ct. S.D. Florida, Aug. 21, 2025) (Action to stop construction of detention facility in the Everglades until it met NEPA requirements.)
Okeelanta Corporation v. United States Army Corps of Engineers, 132 F.4th 1320 (11thCir. Mar. 25, 2025) (Challenge Army Corps of Engineers approval of a water project as violating NEPA, APA, and the Water Resources Development Act.) Text
Chattahoochee Riverkeeper, Inc. v. City of Atlanta, Georgia, 765 F.Supp.3d 1309 (Dist. Ct. N.D. Georgia, Feb. 11, 2025) (Citizen suit under the CWA alleging the city violated its discharge permit.) Text
Bear Warriors United, Inc. v. Hamilton, 749 F.Supp.3d 1217 (Dist. Ct. M.D. Florida, Sept. 18, 2024) (Challenge Florida’s wastewater discharge regulatory scheme.) Text
Kansas v. United States Department of Labor, 749 F.Supp.3d 1363 (Dist. Ct. S.D. Georgia, Aug. 26, 2024) (The court held that the final rule was an exercise of the DOL’s rulemaking authority.) Text
Center for a Sustainable Coast v. U.S. Army Corps of Engineers, 100 F.4th 1349 (11thCir. May 2, 2024) (Claim the Army Corps violated the APA and NEPA and the Cumberland Island National Seashore Act when they issued a letter of permission for a private dock.) Text
Rolling Meadow Ranch Groves LLC v. USDA, 682 F.Supp.3d 1253 (Dist. Ct. S.D. Florida, July 16, 2023) (Court held the FSA’s interpretation of the regulations was not permitted Auer deference and the denial of the citrus company’s application violated the APA.) Text
Ingram v. United States, No. 1:21-CV-0720-RAH, 2023 WL 2229232 (M.D. Ala. Feb. 24, 2023) (court upholds NAD director decision that the finality rule did not bar FSA from recouping farmers’ NAP payments) Text
Jones v. United States, No. 1:21-CV-0744-RAH, 2023 WL 2229226 (M.D. Ala. Feb. 24, 2023) (NAD director was correct in concluding finality rule did not apply to farmers’ NAP claim and is not entitled to equitable relief) Text
Daniels v. Farm Serv. Agency, No. 1:20-CV-939-RAH, 2023 WL 2229239 (M.D. Ala. Feb. 24, 2023) (court grants FSA’s motion for summary judgment and upholds final agency decision) Text
Shelley v. United States, No. 1:20-CV-0505-RAH, 2023 WL 2229240 (M.D. Ala. Feb. 24, 2023) (farmer’s argument was not raised with NAD director, and therefore was not properly exhausted) Text
Barrentine v. United States, No. 1:21-CV-00158-RAH, 2023 WL 2229236 (M.D. Ala. Feb. 24, 2023) (court upheld NAD director’s decision to deny farmers’ request for equitable relief from recouping their NAP payments) Text
Daniels v. Farm Serv. Agency, No. 1:22-CV-35-RAH, 2023 WL 2229225 (M.D. Ala. Feb. 24, 2023) (remand case to the NAD director to review administrative judge’s decision under the proper substantial evidence standard) Text
Jaxma Greenhouses, Inc. v. Vilsack, No. 3:21-CV-444-MMH-LLL, 2022 WL 4229336 (M.D. Fla. July 11, 2022) Text, report and recommendation adopted, No. 3:21-CV-444-MMH-LLL, 2022 WL 3054011 (M.D. Fla. Aug. 3, 2022) (final agency determination was not arbitrary or capricious as agency’s conclusion was supported by substantial evidence) Text
Jacobs v. U.S. Dep’t of Lab., 806 F. App’x 832 (11th Cir. 2020) (ALJ denial of whistleblower complaint under the Surface Transportation Assistance Act)
SOSS2, Inc. v. United States Army Corps of Engineers, 403 F. Supp. 3d 1233 (M.D. Fla. 2019) (supplementation of administrative record was not necessary for judicial review) Text
Lane v. United States, 338 F. Supp. 3d 1324 (S.D. Ga. 2018) (USDA’s determination that farmer’s crop did not suffer loss due to drought was arbitrary and capricious) Text
Davis v. United States Dep’t of Agric., 687 F. App’x 824 (11th Cir. 2017) (judicial review of final decision)
Spring Creek Farming Co. v. Fed. Crop Ins. Corp., No. 15-14818, 653 F. App’x 728 (11th Cir. 2016) (judicial review of RMA final decision that its low yield was not covered loss under federal crop insurance program) Text
Alma Brightleaf, Inc. v. Fed. Crop Ins. Corp., 552 F. App’x 861 (11th Cir. 2013) (challenging denial of claim for indemnification for damage to tobacco crops)
FPL Food, LLC v. U.S. Dep’t of Agric., 671 F. Supp. 2d 1339 (S.D. Ga. 2009) (review of agency action under the APA) Text
Robinson v. Schafer, No. 7:07-CV-167(HL), 2008 WL 1995354 (M.D. Ga. May 6, 2008) (violations of EOCA)
Robinson v. Schafer, No. 08-13255 (11th Cir. Dec. 30, 2008) (Appealing dismissal of EOCA complaint; USDA administrative process) Text
McElmurray v. U.S. Dep’t of Agric., 535 F.Supp.2d 1318 (S.D. Ga. 2008) (reversing denial of “preventive planting” application) Text
Am. Peanut Shellers Ass’n v. Johans, No. 4:06-CV-54 (CDL), 2007 WL 2460773 (M.D. Ga. Aug. 24, 2007) (lack of standing to challenge Sec’y’s interpretation)
Record Buck Farms, Inc. v. Johanns, 510 F.Supp.2d 868 (M.D. Fla. 2007) (failure to establish good cause to forgo notice and comment rulemaking) Text
Mahon v. U.S. Dep’t of Agric., 485 F.3d 1247 (11th Cir. 2007) (arbitrary and capricious denial of crop assistance) Text
Paradise Farms, Inc. v. United States Dep’t of Agric., No. CV 304-181, 2006 WL 8433810, at *1 (S.D. Ga. Apr. 10, 2006) (judicial review of termination of contract)
London v. Fieldale Farms Corp., 410 F.3d 1295 (11th Cir. 2005) (Chevron deference to Secretary) Text
D.C. CIRCUIT
Conserve Southwest Utah v. Department of the Interior, No. 26-317 (RDM), 2026 WL 569034 (D.C. Cir. Mar. 1, 2026) (Challenge to BLM’s grant of a right-of-way to Utah Department of Transportation under APA, ESA, and OPLMA.)
Scotts Valley Band of Pomo Indians v. Burgum, 2025 WL 3034885 (D.C. Cir. Oct. 30, 2025) (Court held that reconsideration was not a final agency action that was reviewable under the APA but rescission was reviewable under the APA.) Text
Sierra Club v. Federal Energy Regulatory Commission, 153 F.4th 1295 (D.C. Court of Appeals, Sept. 30, 2025) (Review of FERC orders for approving a pipeline.) Text
Farmer v. U.S. EPA, 2025 WL 2761225 (Dist. Ct. in DC, Sept. 29, 2025) (Challenge under APA and CWA to compel agency action on sewage containing PFAS.) Text
Climate United Fund v. Citibank, N.A., 775 F.Supp.3d 335 (Dist. Ct. D.C. Mar. 18, 2025) Text; Climate United Fund v. Citibank, N.A., 778 F.Supp.3d 90 (Dist. Ct. D.C., Apr. 16, 2025) Text; Climate United Fund v. Citibank, N.A., 154 F.4th 809 (D.C. Cir. Court of Appeals, Sept. 2, 2025) Text vacated by Climate United Fund v. Citibank, N.A. 2025 WL 3663661 (D.C. Cir. Dec. 17, 2025) Text
Healthy Gulf v. United States Department of the Interior, 152 F.4th 180 (D.C. Cir. Aug. 29, 2025) (Review of final action from DOI that authorized the lease program across the Outer Continental Shelf.) Text
Center for Biological Diversity v. United States Fish and Wildlife Service, 146 F.4th 1144 (D.C. Cir. Aug. 1, 2025) (ESA action against the FWS under the APA for the delisting of the American burying beetle.) Text
Sierra Club v. Federal Energy Regulatory Commission, 145 F.4th 74 (D.C. Cir. Aug. 1, 2025) (Review of FERC approval of a pipeline.) Text
Center for Biological Diversity v. U.S. Fish and Wildlife Service, 792 F.Supp.3d 50 (Dist. Ct. D.C., July 11, 2025) (Challenge FWS’s listing of eastern black rail under APA and ESA.) Text
Sierra Club v. Environmental Protection Agency, 793 F.Supp.3d 158 (Dist. Ct. D.C. July 9, 2025) (Challenge EPA and other agencies for removing public website pages under APA.) Text
Center for Biological Diversity v. Environmental Protection Agency, 141 F.4th 153 (D.C. Cir., June 20, 2025) (Petitioners seek review of EPA rule that set renewable fuel volume obligations.) Text
Healthy Gulf v. Federal Energy Regulatory Commission, 132 F.4th 544 (D.C. Cir. Mar. 28, 2025) (Review of FERC authorization of pipelines.) Text
Gulf v. Burgum, 775 F.Supp.3d 455 (Dist. Ct. D.C. Mar. 27, 2025) (Action against BOEM for approval of a lease sale for oil and gas development in the Gulf.) Text
City of Port Isabel v. Federal Energy Regulatory Commission, 130 F.4th 1034 (D.C. Cir. Mar. 18, 2025) (Alleged the FERC decisions violate NEPA and APA.) City of Port Isabel v. FERC, 11 F.4th 1198 (D.C. Cir. Aug. 6, 2024). Text
Marin Audubon Society v. Federal Aviation Administration, 129 F.4th 869 (D.C. Cir. Feb 28, 2025) (Review of approval of air travel management plan over four national parks under NEPA.) Text Marin Audubon Society v. Federal Aviation Administration, 121 F.4th 902 (D.C. Cir. Nov. 12, 2024). Text
Sierra Club v. United States Department of Transportation, 125 F.4th 1170 (D.C. Cir. Jan. 17, 2025) (Petition for review of rule that authorized the transportation of LNG by train under NEPA.) Text
American Whitewater v. Federal Energy Regulatory Commission, 125 F.4th 1139 (D.C. Cir. Jan. 14, 2025) (Request review of FERC decision.) Text
Front Range Equine Rescue v. Vilsack, 753 F.Supp.3d 6 (Dist. Ct. D.C. Oct. 11, 2024) (Claim the suppression methods used by USFS and BLM violated APA, NEPA, and Wild Free-Roaming Horses and Burros Act.) Text
Powder River Basin Resource Council v. U.S. Department of the Interior, 749 F.Supp.3d 151 (Dist. Ct. D.C. Sept. 13, 2024) (Challenge BLM and DOI’s approval of an oil and gas project as violating NEPA, APA, FLPMA, and MLA.) Text
United States Sugar Corporation v. Environmental Protection Agency, 113 F.4th 984 (D.C. Cir. Sept. 3, 2024) (Court held the EPA rule was reviewable under the reopening doctrine.) Text
New Jersey Conservation Foundation v. Federal Energy Regulatory Commission, 111 F.4th 42 (D.C. Cir. July 30, 2024) (Review of pipeline order.) Text
Sinclair Wyoming Refining Company LLC v. Environmental Protection Agency, 114 F.4th 693 (D.C. Cir. July 26, 2024) (Review of EPA final action denying small refineries’ petitions, and the court held the denial of the hardship exemptions was arbitrary and capricious.) Text
Healthy Gulf v. Federal Energy Regulatory, 107 F.4th 1033 (D.C. Cir. July 16, 2024) (Petition for review of FERC order authorizing LNG facilities under NEPA and Natural Gas Act.) Text
Earthworks v. Department of the Interior, 105 F.4th 449 (D.C. Cir. June 25, 2024) (Allege BLM final rule violates NEPA, FLPMA, and APA.) Text
Food & Water Watch v. Federal Energy Regulatory Commission, 104 F.4th 336 (D.C. Cir. June 14, 2024) (Review of FERC issuance of certificate of public convenience to natural gas company.) Text
Center for Biological Diversity v. Regan, 734 F.Supp.3d 1 (D.C. Cir., April 12, 2024) (Review of EPA’s approval of state application to take on CWA permitting authority.) Text Center for Biological Diversity v. Regan, 729 F.Supp.3d 37 (Dist. Ct. D.C. April 12, 2024). Text Center for Biological Diversity v. Regan, 691 F.Supp.3d 1 (Dist. Ct. D.C. Aug. 23, 2023) Text
Ohio v. Environmental Protection Agency, 98 F.4th 288 (D.C. Cir. April 9, 2024) (Review of EPA’s reinstatement to waive federal preemption of CA vehicle emissions regulations.) Text
American Bird Conservancy v. Granholm, 2023 WL 6276618 (Dist. Ct. D.C. Sept. 26, 2023) Text vacated by American Bird Conservancy v. Granholm 2024 WL 291738 (D.D.C., January 16, 2024)
Colorado Wild Public Lands v. U.S. Forest Service, 691 F.Supp.3d 149 (Dist. Ct. D.C. Sept. 11, 2023) (Alleged violations of FOIA.) Text
Natural Resources Defense Council, Inc. v. U.S. Fish and Wildlife Service, 719 F.Supp.3d 1 (Dist. Ct. D.C. Aug. 11, 2023) (Action under APA and ESA to force FWS to designate critical habitat.) Text
Fore River Residents Against the Compressor Station v. Federal Energy Regulatory Commission, 77 F.4th 882 (D.C. Cir. July 21, 2023) (Court held that the lack of a rehearing petition from the town precluded review of its challenge.) Text
Wynnewood Refining Company, LLC v. Environmental Protection Agency, 77 F.4th 767 (D.C. Cir. July 18, 2023) (Judicial review of EPA rule that extended reporting deadlines.) Text
Sierra Club v. Federal Energy Regulatory Commission, 68 F.4th 630 (D.C. Cir. May 26, 2023) (Petition for review of issuance of certificate of public convenience.) Text
Center for Biological Diversity v. Environmental Protection Agency, 56 F.4th 55 (D.C. Cir. Dec. 23, 2022) (Review of final administrative action of EPA concerning pesticide registration.) Text
Waterkeepers Chesapeake v. Federal Energy Regulatory Commission, 56 F.4th 45 (D.C. Cir. Dec. 20, 2022) (Review of FERC order that issued a dam operator license.) Text
Hall & Associates v. U.S. Environmental Protection Agency, 633 F.Supp.3d 35 (Dist. Ct. D.C., Sept. 27, 2022) (FOIA request against EPA.) Text
Maine Lobstermen’s Association, Inc. v. National Marine Fisheries Service, 626 F.Supp.3d 46 (Dist. Ct. D.C. Sept. 8, 2022) (Claim that the biological opinion violated APA.) Text
Animal Legal Defense Fund v. Vilsack, 111 F.4th 1219 (D.C. Cir. Aug. 9, 2024) Text
Loper Bright Enterprises, Inc. v. Raimondo, 45 F.4th 359 (D.C. Cir. 2022), cert. granted in part sub nom. Loper Bright Enterprises v. Raimondo, No. 22-451, 2023 WL 3158352 (U.S. May 1, 2023) (government agency’s interpretation of the law as authorizing it to promulgate a final rule was reasonable, and therefore was owed deference) Text
Humane Soc’y of the United States v. United States Dep’t of Agric., 41 F.4th 564 (D.C. Cir.), reh’g denied, 54 F.4th 733 (D.C. Cir. 2022) (USDA, which withdrew rule before it was published, was required to comply with the APA’s procedural requirements) Text
Animal Legal Def. Fund v. Vilsack, 640 F.Supp.3d 134, No. 1:21-CV-01539 (CJN), (D.D.C. Nov. 14, 2022) (USDA’s approval of poultry-production company’s label applications did not violate the APA) Text
Ctr. for Biological Diversity v. Nat’l Marine Fisheries Serv., No. CV 21-930 (BAH), 2022 WL 4235013 (D.D.C. Sept. 14, 2022) (NMFS’s new rule was not arbitrary and capricious under APA) Text
Friends of the Earth v. Haaland, 583 F.Supp.3d 113 (Dist. Ct. D.C. Jan. 27, 2022) (Claim violation of NEPA and APA by federal land sales.) Text
Harrington v. FDA, 581 F.Supp.3d 145 (Dist. Ct. D.C. Jan. 20, 2022) (Action against FDA when the agency did not produce records in response to a FOIA request.) Text
Buffalo Field Campaign v. Williams, 579 F.Supp.3d 186 (Dist. Ct. D.C. Jan. 12, 2022) (Challenge under APA for the FWS denial of the listing of Yellowstone bison under ESA.) Text
Food & Water Watch v. United States Dep’t of Agric., 1 F.4th 1112 (D.C. Cir. 2021) (organization lacked associational standing to pursue NEPA and APA claims against USDA and FSA) Text
Fleming v. United States Dep’t of Agric., 987 F.3d 1093 (D.C. Cir. 2021) (petitioners’ failure to exhaust their administrative remedies barred review of their argument that dual layers of for-cause-removal protections unconstitutionally limited President’s removal power) Text
Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of Am. v. United States Dep’t of Agric., 573 F. Supp. 3d 324 (D.D.C. 2021) (organization sufficiently alleged that at least one of its members was injured by USDA’s violation of APA) Text
Fleming v. United States Dep’t of Agric., No. 17-1246 (D.C. Cir. argued Nov. 15, 2019) (contesting USDA use of unconstitutional administrative law judge appointment and tenure protections). Text
Organic Trade Ass’n v. United States Dep’t of Agric., 370 F. Supp. 3d 98 (D.D.C. 2019) (challenging the withdrawal of USDA rule) Text
Cornucopia Inst. v. United States Dep’t of Agric., No. CV 16-148 (RC), 2018 WL 4637004 (D.D.C. Sept. 27, 2018) (action under the Freedom of Information Act) Text
Animal Legal Def. Fund, Inc. v. Perdue, 346 F. Supp. 3d 153 (D.D.C. 2018) (judicial review) Text
Air Transp. Ass’n of Am., Inc. v. United States Dep’t of Agric., 317 F. Supp. 3d 385 (D.D.C. 2018) (brought action challenging validity of rule issued by the Animal and Plant Health Inspection Service) Text
Bean v. Perdue, 316 F. Supp. 3d 220 (D.D.C. 2018) (alleging that USDA violated the APA) Text
Lillemoe v. United States Dep’t of Agric., Foreign Agric. Serv., 344 F. Supp. 3d 215 (D.D.C. 2018) (alleging FAS violated APA) Text
Cornucopia Inst. v. United States Dep’t of Agric., 282 F. Supp. 3d 150 (D.D.C. 2017) (challenging agency’s response to FOIA request) Text
Animal Legal Def. Fund, Inc. v. Vilsack, 237 F. Supp. 3d 15 (D.D.C. 2017) (judicial review of denial of claim) Text
Resolute Forest Prod., Inc. v. U.S. Dep’t of Agric., 219 F. Supp. 3d 69 (D.D.C. 2016) (alleging constitutional challenges to Commodity Promotion, Research and Information Act) Text
Resolute Forest Prod., Inc. v. U.S. Dep’t of Agric., 130 F. Supp. 3d 81 (D.D.C. 2015) (alleging constitutional challenges to Commodity Promotion, Research and Information Act) Text
Hunt v. U.S. Dep’t of Agric., 740 F. Supp. 2d 41 (D.D.C. 2010) (alleging deprivation of just compensation) Text
Strunk v. U.S. Dept. of Interior, No. 10-0066(RJL), 2010 WL 4780845 (D. D.C. Nov. 24, 2010) (FOIA action seeking information on farmers against National Agricultural Statistics Service) Text
Benoit v. U.S. Dep’t of Agric., 608 F.3d 17 (D.C. Cir. 2010) (exhaustion of remedies and abuse of discretion) Text
Defenders of Wildlife v. Salazar, 698 F.Supp.2d 141 (D.D.C. 2010) (challenging bison and elk management plan) Text
Prime Time Int’l Co. v. Vilsack, 599 F.3d 678 (D.C. Cir. 2010) (USDA interpretation not entitled to Chevron deference) Text
Elliott v. USDA, 596 F.3d 842 (D.C. Cir. 2010) (request under FOIA) Text
In Def. of Animals v. U.S. Dep’t of Agric., 656 F.Supp.2d 68, (D.D.C. 2009) (failure of agency to show records were protected under FOIA exemption) Text
Colo. Wild Horse & Burro Coal., Inc. v. Salazar, 639 F.Supp.2d 87 (D.D.C. 2009) (challenging agency decision to remove wild horses from herd area) Text
Poett v. United States, 657 F. Supp. 2d 230 (D.D.C. 2009) (seeking review of DSAT denial of request) Text
Ark. Dairy Coop. Ass’n, Inc. v. U.S. Dep’t of Agric., 573 F.3d 815 (D.C. Cir. 2009) (producers could challenge interim rule under the APA) Text
Catawba County v. EPA, 571 F.3d 20 (D.C. Cir. 2009) (no APA violations in promulgation of NAAQS for fine particulate matter) Text
Koretoff v. Vilsack, 626 F.Supp.2d 4 (D.D.C. 2009) (failure to exhaust remedies) Text
Montanans for Multiple Use v. Barbouletos, 568 F.3d 225 (D.C. Cir. 2009) (claims that management of forest violated forest plan precluded) Text
Garcia v. Vilsack, 563 F.3d 519 (D.C. Cir. 2009) (dismissal of APA failure to investigate claims) Text
Hettinga v. United States, 560 F.3d 498 (D.C. Cir. 2009) (not requiring the exhaustion of remedies to challenge Milk Regulatory Equity Act) Text
Nat’l Res. Def. Council v. Envtl. Prot. Agency, 559 F.3d 561 (D.C. Cir. 2009) (rule’s preamble nonreviewable) Text
Int’l Ctr. for Tech. Assessment v. Vilsack, 602 F.Supp.2d 228 (D. D.C. 2009) (attorney’s fees for successful NEPA challenge) Text
Single Stick, Inc. v. Johanns, 601 F.Supp.2d 307 (D. D.C. 2009) (interpretation of Equitable Tobacco Reform Act) Text
Koretoff v. Vilsack, 601 F.Supp.2d 238 (D. D.C. 2009) (failure to exhaust administrative remedies) Text
Am. Farm Bureau Fed’n v. Envtl. Prot. Agency, 559 F.3d 512 (D.C. Cir. Feb. 24, 2009) (review of agency’s decision to revise air standards) Text
Prosser v. Fed. Agric. Mortgage Corp., 593 F.Supp.2d 150 (D. D.C. 2009) (no violations of statutory or regulatory provisions by Farmer Mac) Text
Short v. U.S. Army Corps of Eng’r, 593 F.Supp.2d 69(D. D.C. 2009) (FOIA request; changing designation of wetlands) Text
Swisher Int’l, Inc. v. Schafer, 550 F.3d 1046 (D.C. Cir. 2008) (Tobacco Act of 2004 does not violate 5th Amendment) Text
In Defense of Animals v. United States Department of Agriculture, 587 F.Supp.2d 178 (D.D.C. 2008) (exclusion of expert testimony, violations of Animal Welfare Act) Text
Creekstone Farms Premium Beef, L.L.C. v. Dep’t of Agric., 539 F.3d 492 (D.C. Cir. 2008) (deference to agency’s denial of access to mad cow testing) Text
Enter. Nat’l Bank v. Johanns, 539 F. Supp. 2d 343 (D.D.C. Mar. 26, 2008) Text, aff’d sub nom. Enter. Nat. Bank v. Vilsack, 568 F.3d 229 (D.C. Cir. 2009) (seeking payment on loss of loan) Text
FMC Corp. v. U.S. E.P.A., 557 F.Supp.2d 105 (D. D.C. 2008) (challenge agency’s rules for the allocation of the burden of proof) Text
Multi AG Media LLC v. Dep’t of Agric., 515 F.3d 1224 (D.C. Cir. 2008) (Freedom of Information Act) Text
Humane Soc’y of U.S. v. Johanns, 520 F.Supp.2d 8 (D. D.C. 2007) (final rule violated NEPA) Text
Rice v. United States, 245 F.R.D. 3 (D. D.C. 2007) (violations of Privacy Act; releasing private information in FOIA request)
N.C. Fisheries Ass’n v. Gutierrez, 518 F.Supp.2d 62 (D. D.C. 2007) (upholding Sec’y decision) Text
Ace Prop. & Cas. Ins. Co. v. Fed. Crop Ins. Corp., 517 F.Supp.2d 391 (D. D.C. 2007) (agency authority to promulgate regulation) Text
Cornucopia Inst. v. U.S. Dep’t of Agric., No. 06-C-0182-C, 2007 WL 5414894 (W.D. Wis. Feb. 21, 2007) (production of documents, attorney’s fees under the Freedom of Information Act)
Haw. Orchid Growers Ass’n v. Johanns, 249 F. App’x. 204 (D.C. Cir. 2007) (final rule not arbitrary and capricious)
Love v. Connor, 525 F. Supp. 2d 155 (D.D.C. 2007) Text, aff’d and remanded sub nom. Garcia v. Vilsack, 563 F.3d 519 (D.C. Cir. 2009) (discrimination claim against USDA) Text
Int’l Ctr. for Tech. Assessment v. Johanns, 473 F.Supp.2d 9 (D. D.C. 2007) (appropriateness of agency action) Text
Edaleen Dairy, LLC v. Johanns, 467 F.3d 778 (D.C. Cir. 2006) (exhaustive of administrative remedies) Text
Great Old Broads for Wilderness v. Kempthorne, 452 F.Supp.2d 71 (D. D.C. 2006) (grazing regulations did not violate other federal legislation) Text
S. Cal. Edison Co. v. Fed. Energy Reg. Comm., 443 F.3d 94 (D.C. Cir. 2006) (energy purchase) Text
Holly Sugar Corp. v. Veneman, 437 F.3d 1210 (D.C. Cir. 2006) (Chevron deference to agency’s interpretation of sugar loan interest rate) Text
NW. Indep. Producers Ass’n v. Veneman, 312 F.Supp.2d 23 (D D.C. 2004) (judicial review; exhaustion of remedies) Text
Avocados Plus, Inc. v. Veneman, 370 F.3d 1243 (D.C. Cir. 2004) (exhaustion of remedies) Text
La. Fed. Land Bank Ass’n v. Farm Credit Admin., 336 F.3d 1075 (D.C. Cir. 2003) (notice and comment) Text
Hertzberg v. Veneman, 273 F.Supp.2d 67 (D. D.C. 2003) (Freedom of Information request) Text
CropLife Am. v. E.P.A., 329 F.3d 876 (D.C. Cir. 2003) (notice and comment) Text
Shaffer v. Veneman,325 F.3d 370 (D.C. Cir. 2003) (jurisdiction) Text
Rice v. United States, 211 F.R.D. 10 (D. D.C. 2002) (alleged violations of Privacy Act when personal information released in FOIA request)
Milk Train, Inc. v. Veneman, 310 F.3d 747 (D.C. Cir. 2002) (judicial review) Text
Hershey Foods Corp. v. Dep’t of Agric., 293 F.3d 520 (D.C. Cir. 2002) (exhaustions of remedies) Text
Sugar Cane Growers Co-op of Fla. v. Veneman, 289 F.3d 89 (D.C. Cir. 2002) (notice and comment) Text
FEDERAL CIRCUIT
Ute Indian Tribe of the Uintah and Ouray Indian Reservation v. United States, 179 Fed. Cl. 763 (Fed. Cir. Dec. 31, 2025) (Suit filed under the Indian Tucker Act claiming breach of duty f trust for mismanaging water rights.)
Proctor v. United States, 177 Fed. Cl. 360 (Fed. Cir. July 31, 2025) (Suit claiming USDA, RD violated AA, FHA, and Due Process Clause.)
Golden IT, LLC v. United States, 177 Fed. Cl. 118, No. 24-1893C (Fed. Cir. July 2, 2025) (Challenge EPA not awarding to purchase agreement to bidder.) Text
United Water Conservation District v. United States, 133 F.4th 1050 (Fed. Cl. Apr. 2, 2025) (Court held the taking claim was a regulatory taking in nature but not ripe in adjudication.) Text
112 Genesee Street, LLC v. United States, 172 Fed. Cl. 426 (Jan. 17, 2025) Court held that the claims were under Tucker Act and not APA.) Text
City of Wilmington v. United States, 68 F.4th 1365 (Fed. Cl. May 31, 2023) (Court held that the city’s stormwater fees were not reasonable service charges under the CWA and the U.S was not required to exhaust the appeals process.) Text
Etchegoinberry v. United States, 165 Fed.Cl. 696 (Fed. Cl. May 19, 2023) (Class action; court held that takings claims were time barred.) Text
Petro Mex, LLC v. United States, 164 Fed. Cl. 476 (Fed. Cl. Feb. 20, 2023) (Sue DOI, BLM for breach of oil and gas leases on public land under MLA court held the breach of contract claims were time barred.) Text
Gilham v. United States, 164 Fed. Cl. 1 (2023) (court lacked jurisdiction over claim for violation of APA) Text
St. Bernard Par. Gov’t v. United States, 916 F.3d 987 (Fed. Cir. 2019) (breach of contract) Text
BP Expl. & Prod., Inc. v. United States, 142 Fed. Cl. 579 (2019) (asserting Tucker Act was not displaced by the Royalty Management act)
Active Network, LLC v. United States, 130 Fed. Cl. 421 (2017) (challenging contract award by USDA)
Nat’l Telecommuting Inst., Inc. v. United States, 123 Fed. Cl. 595 (2015) (challenging award of contract)
RLB Contracting, Inc. v. United States, 118 Fed. Cl. 750 (2014), aff’d, 621 F. App’x 1026 (Fed. Cir. 2015) (challenging award of contract)
Dalles Irrigation Dist. v. United States, 91 Fed. Cl. 689, 2010 WL 785395 (Fed. Cl. 2010) (EAJA attorney’s fees)
Acceptance Ins. Cos. v. United States, 583 F.3d 849 (Fed. Cir. 2009) (lack of cognizable property interest; claim of taking by agency) Text
Tex. Bio- & Agro- Defense Consortium v. United States, 87 Fed. Cl. 798 (Fed. Cl. 2009) (challenging site selection for biosecurity facility)
Mendoza v. United States, 87 Fed. Cl. 331 (Fed. Cl. 2009) (remanding to agency to decide if plaintiffs were federal employees)
Sageman v. U.S., 82 Fed. Cl. 367 (Fed. Cl. 2008) (application of the Tucker Act)
Walker v. U.S., 79 Fed. Cl. 685 (Fed. Cl. 2008) (cancellation of regulatory permit was not a taking)
Rose Acre Farms, Inc. v. U.S., 75 Fed. Cl. 527 (Fed. Cl. 2007) (finding regulatory taking)
Bruhn v. U.S., 74 Fed. Cl. 749 (Fed. Cl. 2006) (application of Tucker Act)
Evans v. U.S., 74 Fed. Cl. 554 (Fed. Cl. 2006), aff’d, 250 F. App’x 321 (Fed. Cir. 2007) (claim raisin marketing order was a regulatory taking)
Cotrell v. U.S., 71 Fed. Cl. 559 (Fed. Cl. 2006) (statute of limitations, exhaustion of remedies)
Goodrich v. United States, 434 F.3d 1329 (Fed. Cir. 2006) (final agency decision; accrual of statute of limitations) Text
Star-Glo Assoc., LP v. U.S., 414 F.3d 1349 (Fed. Cir. 2005) (agency interpretation of statute) Text
Lion Raisins, Inc. v. U.S., 416 F.3d 1356 (Fed. Cir. 2005) (lack of jurisdiction over takings claim) Text, consolidated appeal from 58 Fed. Cl. 391 (Fed. Cl. 2003) (regulatory takings claim) and 57 Fed. Cl. 435 (2003).
Gardner v. U.S., No. 04-1673C, 2005 WL 6112636 (Fed. Cl. June 13, 2005) (failure to exhaust administrative remedies)
Hall v. U.S., 69 Fed. Cl. 51 (Fed. Cl. 2005) (jurisdiction of settlement agreement)
Sartori v. U.S., 67 Fed. Cl. 263 (Fed. Cl. 2005) (temporary regulatory takings)
Ace Prop. & Cas. Ins. Co. v. U.S., 60 Fed. Cl. 175 (Fed. Cl. 2004) (exhaustion of remedies)
Lion Raisins, Inc. v. U.S., 57 Fed. Cl. 505 (Fed. Cl. 2003) (EAJA eligibility)
UNITED STATES COURT OF INTERNATIONAL TRADE
Luscious Seafood LLC, v. United States, 2025 WL 4052364 (Ct. Int’l Trade 2025) (Seafood wholesaler challenged Commerce determination in administrative review.)
Ban Me Thuot Honeybee JSC v. U.S., 805 F.Supp.3d 1350 (Ct. Int’l Trade 2025) (Challenge to Commerce’s administrative review of antidumping duty order on raw honey.)
Natural Resources Defense Council, Inc. v. Lutnick, 774 F.Supp.3d 1348 (Ct. Int’l Trade 2025) (Suit against federal agencies for failing to implement Marine Mammal Protection Act to ban import of certain fish and for violating APA.) Text
OCP S.A. v. U.S., 791 F.Supp.3d 1333 (Ct. Int’l Trade 2025) (Review of administrative decision concerning phosphate fertilizer imports.) Text
Seneca Foods Corp. v. U.S., 663 F.Supp.3d 1325 (Ct. Int’l Trade 2023)(Court held Commerce’s determination that a domestic vegetable canner’s requested quantity of steel was available through spot sales from domestic steel producer was arbitrary and capricious.) Text
Natural Resources Defense Counsil, Inc. v. Ross, 331 F.Supp.3d 1381 (Ct. Int’l Trade 2018) (Court held that neither the Lacey Act nor Magnuson-Stevens Act excused the government from its obligations under the Marine Mammal Protection Act.) Text
Hoed v. U.S. Sec’y of Agric., 533 F.Supp.2d 1354, No. 06-00446 (Ct. Int’l Trade Jan. 16, 2008) (supplementing the administrative record) Text
O’Toole v. U.S. Sec’y of Agric., 471 F.Supp.2d 1323 (Ct. Int’l Trade 2007) (supplementing the administrative record) Text
Dus & Derrick, Inc. v. U.S. Sec’y of Agric., 469 F.Supp.2d 1326 (Ct. Int’l Trade 2007) (impermissible construction of statute) Text
Anderson v. U.S. Sec’y of Agric., 462 F.Supp.2d 1333 (Ct. Int’l Trade 2006) (review of denial of benefits) Text
Van Trinh v. U.S. Sec’y of Agric., 395 F.Supp.2d 1259 (Ct. Int’l Trade 2005) (failure to make reasonable inquiry by agency) Text
ARIZONA
Desert Mountain Energy Corp. v. City of Flagstaff, 566 P.3d 333 (Court of Appeals of Arizona, Div. 1, March 4, 2025) (City council vote was binding legal action.) Text
Sierra Club v. Salt River Project Agricultural Improvement and Power District, 259 Ariz. 135, 563 P.3d 151 (Ct. of App. Div. 2, Jan. 3, 2025) (Agricultural improvement and power district was a public body under Public Records Law.) Text
Marsh v. Atkins, 256 Ariz. 233 (Ct. App. Div. 1. Aug. 31, 2025) (Court held that the state department could consider first rights of refusal when denying the applications.) Text
Defenders of Wildlife v. Arizona Navigable Stream Adjudication Commission, 254 Ariz. 547 (Ct. App. Div. 1, Feb. 7, 2023) (Judicial review of a determination made by the Arizona Navigable Stream Adjudication Commission concerning segments of rivers.) Text
San Carlos Apache Tribe v. State, 254 Ariz. 179 (Ct. App. Div. 1, Nov. 15, 2022) (Court held that the cooper mining permit could not be renewed until it had a final TMDL plan and compliance was demonstrated with water quality standards.) Text
Silver v. Pueblo Del Sol Water Company, 244 Ariz. 553 (Sup. Ct. AZ, Aug 9, 2018) (AZ department of water resources interpretation of “legal availability” was consistent with the defining statute.) Text
Arizona Department of Water Resources v. McClennen, 238 Ariz. 371 (Sup. Ct. AZ, Nov. 12, 2015) (Appeal of ALJ’s determination that the department did not have the power to deny the application.) Text
WildEarth Guardians, Inc. v. Hickman, 233 Ariz. 50 (Ct. App. Div. 1, Dept A, Sept. 12, 2013) (Review of land commissioner’s decision to deny a grazing lease application.) Text
State ex rel. Winkleman v, Arizona Navigable Stream Adjudication Commission, 224 Ariz. 230 (Ct. App Div. 1, Dept. C, April 27, 2010) (Judicial review of a decision holding a river was not navigable.) Text
Koepnick v. Ariz. State Land Dep’t, 212 P.3d 62 (Ariz. Ct. App. 2009) (reclassification of state land by state agency) Text
CALIFORNIA
Center for Biological Diversity, Inc. v. Public Utilities Commission, A167721, 2026 WL 657656 (Ct. App. 1st D. Ca. Mar. 9, 2026) (Challenge to tariff adopted by the PUC.) Text
Las Posas Valley Water Rights Coalition v. Ventura County Waterworks District No.1, 2026 WL 622412 (Ct. App. 2d D. Cal. Mar. 5, 2026) (Landowners claim groundwater rights and request adjudication to determine all groundwater rights in the basin.) Text
Bareilles v. State Water Resources Control Board, 117 Cal.App.5th 60, 340 Cal.Rptr.3d 195 (Ct. App. 1st D. Cal. Nov. 17, 2025) (Exhaustion of administrative remedies.) Text
State Water Resources Control Board v. Superior Court, 115 Cal.App.5th 734, 338 Cal.Rptr.3d 530 (Ct. App. 5th D. Cal. Oct. 29, 2025) (Challenge under the Sustainable Groundwater Management Act after the Board’s attempt to enact monitoring, reporting, and fee provisions.) Text
Kings County Farm Bureau v. State Water Resources Control Board, 115 Cal.App.5th 782, 338 Cal.Rptr.3d 499 (Ct. App. 5th D. Cal. Oct. 29, 2025) (Challenge under the Sustainable Groundwater Management Act after the Board’s attempt to enact monitoring, reporting, and fee provisions.) Text
Tulare Lake Basin Water Storage District v. Department of Water Resources, 115 Cal.App.5th 342, 338 Cal.Rptr.3d 110 (Ct. App. 3d D. Cal. Oct. 17, 2025) (Challenge DWR under the Sacramento-San Joaquin Delta Reform Act.) Text
Center for Biological Diversity, Inc. v. Public Utilities Commission, 18 Cal.5th 293 (Sup. Ct. Aug. 7, 2025) (Challenge the commission’s decision to adopt a tariff.) Text
Friends of South Fork Gualala v. Department of Forestry & Fire Protection, 106 Cal.App.5th 1180 (Ct. App, First Dist. Div. 4, Nov. 22, 2024) (Petition for writ of mandamus raising challenges to CalFIRE approval of rancher’s timber harvesting plan.) Text
Central Delta Water Agency v. Department of Water Resources, 69 Cal.App.5th 170 (Ct. App. 3d, Sept. 22, 2021) (Challenge environmental impact report from Department under the California Environmental Quality Act.) Text
Delta Stewardship Council Cases, 48 Cal.App.5th 1014 (Ct. App. Third Dist. April 10, 2020) (Challenge long-term management plan for the river delta.) Text
Monterey Coastkeeper v. State Water Resources Control Board, 28 Cal.App.5th 342 (Ct. App. Third Dist. Sept. 18, 2018) (Court held the environmental entities that challenges the water quality control board’s decision had exhausted their administrative remedies.) Text
Paulek v. Department of Water Resources, 231 Cal.App.4th 35 (Ct. App. 4th Dist. Div. 2 Oct. 31, 2014) (Petition to compel the department to vacate EIR approval for a dam remediation project.) Text
North Coast Rivers Alliance v. Westlands Water District, 227 Cal.App.4th 832 (Ct. App. 5th Dist. July 3, 2014) (Challenge water districts’ interim renewal contractions under CEQA.) Text
Center for Biological Diversity v. Department of Fish & Wildlife, 224 Cal.App.4th 1105 (Ct. App. Second Dist. Mar. 20, 2014) (Challenge certification of EIR, conservation plan for the habitat of endangered stickleback fish.) Text
Nelson v. County of Kern, 190 Cal.App.4th 252 (Ct. App. 5th Dist. Nov. 19, 2010) (Petition to set aside the environmental analysis of a surface mining operation.) Text
Olson v. Cal. Dep’t of Pesticide Regulation, No. F056118, 2009 WL 2517644 (Cal. Ct. App. Aug. 19, 2009) (administrative procedures did not violate state’s APA)
Californians for Alternatives to Toxics v. Dep’t of Agric., No. A120874, 2008 WL 5423832 (Cal. Ct. App. Dec. 31, 2008) (failure to exhaust administrative remedies) Text
In re Farm Raised Salmon Cases, No. B182901a, 2008 WL 2070612 (Cal. Ct. App. May 16, 2008) (doctrine of primary jurisdiction) Text
Patterson Flying Serv. v. Cal. Dep’t of Pesticide Regulation, 74 Cal.Rptr.3d 290 (Cal. Ct. App. 2008) (sufficient evidence to support agency finding and fine) Text
Syngenta Crop Prot., Inc. v. Helliker, 42 Cal.Rptr.3d 191 (Cal. Ct. App. 2006) (use of registration data in granting other applications) Text
Cal. for Alternatives to Toxics v. Dep’t of Food & Agric., 38 Cal.Rptr.3d 638 (Cal. Ct. App. 2005) (abuse of discretion by agency) Text
Carrancho v. Cal. Air Res. Bd., 4 Cal.Rptr.3d 536 (Cal. Ct. App. 2003) (agency’s decision complied with the statute) Text
COLORADO
Keep Airport Road Environmental & Safe v. Boulder County Board of Commissioners, 2026 CA 5, 2026 WL 233985 (Ct. App. Div. I, Jan. 29, 2026) (Review of decision of board of county commissioners.) Text
Parker Water and Sanitation District v. Rein, 559 P.3d 217, 2024 CO 71M (Colo. 2024) (Challenging inclusion condition in well construction permits from State Engineer.) Text
In re Water Rights of Lazy D Grazing Association in Weld County, 556 P.3d 785, 2024 CO 63 (Colo. 2024) (Court held the State Engineer was not authorized to make the determination that groundwater within the aquifer underlying the ranch was nontributory water that the ranch manager could withdraw.) Text
United States v. City of Golden, 551 P.3d 634, 2024 CO 43M (Colo. 2024) (Water rights proceeding.) Text
Barrett v. Division of Water Resources, 549 P.3d 1035, 2024 COA 23 (Ct. App. Div. VII, Feb. 29, 2024) (Judicial review sought of the state engineer’s decision denying correction and hearing clarification on a well permit.) Text
Weld County Colorado Board of County Commissioners v. Ryan, 536 P.3d 1254, 2023 CO 54 (Colo. 2023) (Challenge to rules adopted by the Air Quality Control Commission) Text
Front Range Feedlots, LLC v. Rein, 528 P.3d 494, 2023 CO 20 (Colo. 2023) (Affirming the Water Court’s judgement.) Text
Antero Resources Corporation v. Airport Land Partners, Ltd., 526 P.3d 204, 2023 CO 13 (Colo. 2023) (Judicial review of determination of Colorado Oil and Gas Conservation Commission.) Text
Fontanari, Trustee of Fontanari Family Revocable Trust v. Colorado Mined Land Reclamation Board, 529 P.3d 615, 2023 COA 15 (Ct. App. Div. II, 2023) (The Court held the Board did not invalidate the rule in violation of the state APA.) Text
Colorado Stormwater Council v. Water Quality Control Division of the Colorado Department of Public Health and Environment, 529 P.3d 134, 2023 COA 11 (Ct. App. Div. V, 2023) (Organization was required to seek adjudicatory hearing before filing a complaint for judicial review of permit.) Text
Farmers Reservoir and Irrigation Company v. Public Service Company of Colorado, 526 P.3d 161, 2022 CO 22 (Colo. 2022) (Application for a decree confirming absolute and conditional water rights to use seepage water within the state’s priority system.) Text
Weld County Colorado Board of County Commissioners v. Ryan, 511 P.3d 663, 2022 COA 26 (Ct. App. Div. I, 2022) (Challenging rule adopted by Department on modifying regulations relating to oil and gas operations emissions.) Text
No Laporte Gravel Corp. v. Board of County Commissioners of Larimer County, 507 P.3d 1053, 2022 COA 6M (Ct. App. Div. VI) (Review of grant of mining company’s application for a permit to operate a sand and gravel mine.) Text
Defend Colorado v. Polis, 482 P.3d 531 (Ct. App. Div. III, Jan. 28, 2021) (Court held that the public hearing was not required prior to withdrawal of request for an extension.) Text
Weld Air & Water v. Colorado Oil and Gas Conservation Commission, 457 P.3d 727 (Ct. App. Div. VI, June 6, 2019) (Judicial review of commission’s authorization of exploration and production permit applications.) Text
Colorado Mining Association v. Urbina, 318 P.3d 562 (Ct. App. Div. I, Nov. 21, 2013) (Court held the challenge to rulemaking process was moot based on regulations adopted,) Text
Chostner v. Colorado Water Quality Control Commission, 327 P.3d 290 (Ct. App. Div. II, July 18, 2013) (Appeal commission decision to affirm the conditional certification of a municipal water project.) Text
Shupe v. Boulder County, 230 P.3d 1269 (Ct. App. Div. V. Mar. 18, 2010) (Court held the residential use zoned in an agricultural district and featured open agricultural uses was not the principal use of the property.) Text
Pagosa Area Water & Sanitation Dist. v. Trout Unlimited, 219 P.3d 774 (Colo. 2009) (agency’s decision was reasonable) Text
North Sterling Irrigation District v. Simpson, 202 P.3d 1207 (Colo. 2009) (state water engineer did not exceed statutory authority in administering storage rights) Text
CONNECTICUT
Aquarion Water Company of Connecticut v. Public Utilities Regulatory Authority, 352 Con. 381, 337 A.3d 1071 (Conn. July 15, 2025) (Appeal of Public Utility Regulatory Authority final decision.) Text
Cohen v. Department of Energy and Environmental Protection, 215 Conn. App. 767, 285 A.3d 760 (Conn. App. Ct. 2022) (Appeal from final decision granting application to construct residential dock and pier.) Text
Kiyak v. Department of Agriculture, 210 Conn. App. 311, 269 A.3d 860 (App. Ct. of Ct., Jan. 25, 2022) (Appeal of agency decision to uphold animal disposal orders.) Text
Allco Renewable Energy Limited v. Freedom of Information Commission, 205 Conn. App. 144, 257 A.3d 324 (App. Ct. of Ct., June 8, 2021) (Appeal of final decision from Freedom of Information Commission.) Text
MSW Associates, LLC v. Planning & Zoning Department of City of Danbury, 202 Conn. App. 707, 246 A.3d 1064 (App. Ct. of Ct., Feb. 23, 2021) (The court held the zoning regulations exceeded the city’s authority.) Text
Landmark Development Group, LLC v. Water and Sewer Commission of Town of East Lyme, 184 Conn. App. 303, 194 A.3d 1241 (App. Ct. of Ct. 2018) (Judicial review of water and sewer commission decision allocating water in sewer treatment capacity.) Text
Speer v. Department of Agriculture, 183 Conn. App. 298, 192 A.3d 489 (App. Ct. of Ct., July 10, 2018) (Judicial review sought of the department’s disposal order regarding two pitbull dogs.) Text
Lane v. Cashman, 179 Conn. App. 394, 180 A.3d 13 (App. Ct. of Ct., Jan. 30, 2018) (Action against property owners who kept cattle without a permit, violating zoning laws.) Text
Recycling, Inc. v. Commissioner of Energy and Environmental Protection, 179 Conn. App. 127, 178 A.3d 1043 (App. Ct. of Ct., Jan. 9, 2018) (Review of department’s decision denying permit application.) Text
Lawrence v. Department of Energy and Environmental Protection, 178 Conn. App. 615, 176 A.3d 608 (App. Ct. of Ct. Dec. 12, 2017) (Judicial review of decision granting application to build a residential dock.) Text
Burton v. Commissioner of Environmental Protection, 323 Conn. 668, 150 A.3d 666 (Conn. Dec. 13, 2016) (Action claiming the operation of a electric generating facility.) Text
People for Ethical Treatment of Animals, Inc. v. Freedom of Information Com’n, 321 Conn. 805, 139 A.3d 585 (Con., June 28, 2016) (Appeal to the commission’s decision to withhold the names of people who violated animal care protocols from a record request by the organization.) Text
Vorlon Holding, LLC v. Commissioner of Energy and Environmental Protection, 161 Conn. App. 837, 130 A.3d 874 (App. Ct. of Ct. dec. 22, 2015) (Appeal fo hearing officer order upholding department order of remediation of soil, groundwater, and surface water.) Text
Burton v. Freedom of Information Commission, 161 Conn. App. 654 (App. Ct. of Ct., Dec. 15, 2015) (Complaint against commission for untimely reply for records.) Text
Lawendy v. Ct. Bd. of Veterinary Med., 109 Conn.App. 113 (Conn. App. Ct. 2008) (review of vet board’s decision to revoke license) Text
Landis v. Dep’t of Envtl. Prot., No. 127137, 2004 WL 1664131, at *1 (Conn. Super. Ct. June 30, 2004) (action for denial of CWA application)
FLORIDA
Carney v. City of Cape Coral, 422 So.3d 676 (Ct. App. First Dist., Oct. 29, 2025) (Petition of review of ALJ’s order in administrative proceedigns before the Department of Environmental Protection.) Text
Tracy v. Department of Environmental Protection, 419 So.3d 783 (Mem) (Ct. App. Fifth Dist. Sept. 22, 2025) (Administrative appeal from the Department of Environmental Protection.) Text
Ghaneie v. Department of Environmental Protection, 419 So.3d 783 (Mem) (Ct. App. Fifth Dist. Sept. 22, 2025) (Administrative appeal from the Department of Environmental Protection.) Text
Ninja Academy, Inc. v. Florida Department of Agriculture and Consumer Services, Division of Food, Nutrition, and Wellness, 418 So.3d 241 (Ct. App. First Dist., Aug. 6, 2025) (Appeal of Florida Dept of Agriculture final determination concerning reimbursement claims under federal Summer Food Service Program.) Text
Department of Agriculture and Consumer Services v. Henry and Rilla White Foundation, Inc., 317 So.3d 1168 (Ct. App. First Dist., Dec. 14, 2020)(Motion to vacate stay imposed on demand for reimbursement of school lunch program payments.) Text
Conservation Alliance of St. Lucie County Inc. v. Florida Dept. of Environmental Protection, 144 So.3d 622 (Ct. App. Fourth Dist., Aug. 6, 2014) (Petition for administrative proceeding to challenge settlement agreement.) Text
Siegers Seed Co. v. Williams Farm P’ship, 17 So.3d 848 (Fla. Dist. Ct. App. 2009) (final agency action) Text
Fla. Dep’t of Agric. & Consumer Servs. v. Haire, 865 So. 2d 610 (Fla. Dist. Ct. App. 2004) (seeking to prevent the destruction of trees deemed to have been exposed to citrus canker) Text
Fla. Dep’t of Agric. & Consumer Servs. v. Haire, 836 So. 2d 1040 (Fla. Dist. Ct. App. 2003), approved, 870 So. 2d 774 (Fla. 2004) (challenging Citrus Canker Law amendments) Text
GEORGIA
GA Bioscience Research, Inc. v. Trulieve GA, Inc., 923 S.E.2d 9, 2025 WL 3021123 (Ga. Ct. App. Oct. 29, 2025) (Judicial review concerning licenses to grow cannabis or manufacturer low-THC oil.) Text
Board of Commissioners of Brantley County v. Brantley County Development Partners, LLC, 372 Ga.App. 603, 905 S.E.2d 685 (Ga. Ct. App. Aug. 15, 2024) (Concerning the review of ALJ’s decision reversing the Environmental Protection Divisions issuance of permit.) Text
Dunn v. City of Stonecrest, 368 Ga.App. 736, 890 S.E.2d 781 (Ga. Ct. App. July 13, 2023) (Remedy for city’s failure to exhaust administrative remedies.) Text
Smith v. Hi-Tech Pharmaceuticals, Inc., 364 Ga.App. 476, 875 S.E.2d 454 (Ga. Ct. App., June 24, 2022) (Claims were not expressly preempted by FDCA.) Text
Jordan v. Department of Natural Resources, Environmental Protection Division, 357 Ga.App. 625 (Ct. App., Nov. 3, 2020) (Court held the residents living near the emitter of carcinogens must follow the procedures similar to that are applied to decisions o the superior court looking at state and local admin agencies.) Text
Center for a Sustainable Coast, Inc. v. Turner, 324 Ga. App. 762 (Ct. App. Nov. 15, 2013) (Appeal of consent order between the environmental protection division and natural resources department and a property owner that permitted a bulkhead to be built in a salt water marsh.) Text
Ga. Dep’t of Agric. v. Brown, 607 S.E.2d 259 (Ga. Ct. App. 2004) (termination from farmers’ market) Text
IDAHO
Crookham v. County of Canyon, 582 P.3d 1071, 2026 WL 119982 (Idaho 2026) (Judicial review of board of county commissioners approval of rezoning farmland.) Text
Wilson v. Idaho State Board of Land Commissioners, 576 P.3d 291, 2025 WL 2552324 (Idaho 2025) (Judicial review of Idaho Department of Lands decision to review of the departments denial of owners application for a permit.) Text
Whittaker v Idaho Department of Water Resources, 174 Idaho 60, 551 P.3d 729 (Idaho 2023) (Petition for judicial review of decision to approve water right transfer application adding a diversion point.) Text
Hill v. Blaine County, 173 Idaho 856, 550 P.3d 264 (Idaho 2024) (The exhaustion of administrative remedies doctrine did not preclude the appeal of the decision of the county board of commissioners.) Text
Hastings v. Idaho Department of Water Resources, 173 Idaho 704, 547 P.3d 1190 (Idaho 2024) (The court held that the lower court acted within its discretion in taking judicial notice of condition permit issued by the Department.) Text
South Valley Ground Water District v. Idaho Department of Water Resources, 173 Idaho 762, 548 P.3d 734 (Idaho 2023) (Judicial review of final order curtailing junior groundwater rights) Text
S Bar Ranch v. Elmore County, 170 Idaho 282, 510 P.3d 635 (Idaho 2022) (Judicial review of decision approval and amending conditional use permits.) Text
3G AG LLC v. Idaho Department of Water Resources, 170 Idaho 251, 509 P.3d 1180 (Idaho 2022) (Review of department’s denial of application to unstack ground and surface water rights and transfer licensed ground water right.) Text
Byrd v. Idaho State Board of Land Commissioners, 169 Idaho 922, 505 P.3d 708 (Idaho 2021) (Department lacked authority to determine ownership for littoral rights.) Text
Rouwenhorst v. Gem County, 168 Idaho 657, 495 P.3d 153 (Idaho 2020) (Judicial review of denial of petition to reclassify property from prime agriculture to rural transitional agriculture.) Text
Department of Environmental Quality v. Gibson, 166 Idaho 424, 461 P.3d 706 (Idaho, Mar. 11, 2020) (Facility subject to DEQ’s regulation.) Text
Rammell v. Idaho Dep’t of Agric., 210 P.3d 523 (Idaho 2009) (review of hearing officer’s decision) Text
INDIANA
Beaver Gravel Corporation v. Valdovich, 269 N.E.3d 879 (Id. Ct. App., Sept. 29, 2025) (Review of zoning or planning decision)
Burton v. Board of Zoning Appeals of Madison County, 174 N.E.3d 202 (June 21, 2021) (Challenge of board member authority is not subject to judicial review) Text
Himsel v. Himsel, 122 N.E.3d 935 (Ind. Ct. App., Apr. 22, 2019) (Nuisance claims against CAFO was barred by the state’s right to farm act.) Text
Thomson, Inc. v. XL Ins. America, Inc., 22 N.E.3d 809 ( Ind. Ct. App., Dec. 16, 2024) (The known loss doctrine did not bar coverage of the environmentally contaminated site in Taiwan.) Text
Moran Elc. Service, Inc. v Commissioner, Indiana Dept. of Environmental Management, 8 N.E.3d 698 (Ind. Ct. App., Apr. 21, 2014) (Properties contaminated with hazardous chemicals; lower court must stay decision under the doctrine of primary jurisdiction.)
Dana Companies, LLC v. Chaffee Rentals, 1 N.E.3d 738 (Ind. Ct. App., Dec. 19, 2013) (Doctrine of fortuity did not apply to the owner of manufacturing plant.) Text
Porter County Bd. of Zoning Appeals v. SBA Towers II, LLC, 927 N.E.2d 915 (May 19, 2010) (Judicial review of a county board of zoning appeals application denial.) Text
Jennings Water, Inc. v. Office of Envtl. Adjudication, 909 N.E.2d 1020 (Ind. Ct. App. 2009) (judicial review of agency denial of administrative review of permit) Text
Sexton v. Jackson County Bd. of Zoning, 884 N.E.2d 889 (Ind. Ct. App. 2008) (standing to challenge granting of special exemption to build hog farm) Text
IOWA
1000 Friends of Iowa v. Polk County Board of Supervisors, 19 N.W.3d 290, 2025 WL 1007321 (Iowa 2025) (Challenge to rezone of parcel from agricultural to neighborhood commercial.) Text
Iowa Citizens for Community Improvement v. State, 962 N.W.2d 780 (Iowa 2021) (Suit to compel state to enact legislation to require farmers to reduce levels of nitrogen and phosphorus in the river.) Text
Puntenney v. Iowa Utilities Board, 928 N.W.2d 829 (Iowa, May 31, 2019) (Judicial review of decision to construct pipeline.) Text
Mathis v. Palo Alto County Board of Supervisors, 927 N.W.2d 191 (Iowa, May 3, 2019) (Challenge to wind-energy ordinance made by county board of supervisors) Text
David as Tr. Of Harold D. v. United States Dep’t of Agric., 367 F.Supp.3d 880 (N.D. Iowa 2019) (determining decision by USDA is consistent with minimal effect exception) Text
Sierra Club Iowa Chapter v. Iowa Dept. of Transp., 832 N.W.2d 636 (Iowa, June 7, 2013) (Judicial review of department of transportation to locate highway adjacent to and through two nature preserves.) Text
Litterer v. Judge, 644 N.W.2d 357 (Iowa 2002) (no legal authority for rulemaking) Text
KANSAS
Pierson v. Board of Pottawatomie County Commissioners, 66 Kan.App.2d 20, 576 P.3d 860 (Kan. Ct. App., Aug. 1, 2025) (Appeal of grant conditional use permit for quarry on agricultural land.) Text
American Warrior, Inc. v. Board of County Commissioners of Finney County, Kansas, 319 Kan. 78, 552 P.3d 1219 (Kansas 2024) (Challenge to validity of conditional use permit issued for a quarry.) Text
Sierra Club v. Stanek, 317 Kan. 358, 529 P.3d 1271 (Kansas 2023) (challenge to issue permits to CAFOs violating statutory surface water setback requirements.) Text
Lario Oil & Gas Company v. Kansas Corporation Commission, 57 Kan.App.2d 184, 450 P.3d 353 (Kan. Ct. App. 2019) (Appeal from denial to utilize oil and gas leases on same set of geological formations and operate them as a single unit.) Text
KLC Farm v. Perdue, 426 F. Supp. 3d 837 (D. Kan. 2019) (review of decision by NAD regarding calculation of crop payments) Text
Sierra Club v. Mosier, 305 Kan. 1090, 391 P.3d 667 (Kansas, Mar. 17, 2017) (Judicial review was not barred by res judicata.) Text
Clawson v. State, Dept. of Agriculture, Div. of Water Resources, 49 Kan.App.2d 789, 315 P.3d 896 (Kan. Ct. App., Dec. 20, 2013) (Plan to monitor the water appropriation permit was challenged.) Text
Sierra Club v. Moser, 298 Kan. 22, 310 P.3d 360 (Kansas, Oct. 4, 2013) (Court held the Secretary could follow the procedural requirements of CAA and was not barred by the Kansas Air Quality Act.) Text
Frick Farm Props., L.P. v. Kansas, 216 P.3d 170 (Kan. 2009) (review of agency decision to terminate water right) Text
Davenport Pastures, LP v. Morris County Bd. of County Comm’r, 194 P.3d 1201 (Kan. Ct. App. 2008) (review of commissioners’ decision to award damages for vacation of unimproved roads) Text
Frick Farm Prop., Ltd. P’ship v. State, Dep’t of Agric., 190 P.3d 983 (Kan. Ct. App. 2008) (review of agency decision) Text
Hawley v. Kan. Dep’t of Agric., 132 P.3d 870 (Kan. 2006) (proper notice given) Text
KENTUCKY
CPV Stonecrop Solar, LLC v. Hardin County Planning and Development Commission, 724 S.W.3d 786 (Ky. Ct. App., Oct. 24, 2025) (Agrivoltaics developer had no obligation to obtain a final order from the county planning commission.) Text
Calhoun v. Tall Oak, LLC, 2024 WL 1222076 (Ky. Ct. App., Mar. 22, 2024) (Appeal decisions to rezone land from agricultural to residential.) Text
Kasey v. Beshar, 626 S.W.3d 204 (Ky. Ct. App., Apr. 9, 2021) (Court held the failure to enforce animal shelter statutes was not concrete injury required for standing.)
MGG Investment Group LP v. Mull Enterprises Limited, 106 UCC Rep.Serv.2d 355 (Ky. Ct. App., Nov. 12, 2021) (Court held the state-law farm products exception was preempted by Food Security Act.) Text
Southwest Clark Neighborhood Association, Inc. v. Branham, 2017 WL 1193184 (Ky. Ct. App., Mar. 31, 2017) (Appeal county fiscal court’s ordinance.) Text
South Central Kentucky Properties, Inc. v. Commonwealth, 510 S.W.3d 850 (Ky. Ct. App., Jan. 27, 2017) (Landowner failed to exhaust administrative remedies in an action against Energy and Environmental Cabinet.) Text
Huxol v. Daviess County Fiscal Court, 507 S.W.3d 574 (Ky. Ct. App., Jan. 22, 2016) (Appeal decision from planning commission that approved the application to amend zoning classifications.) Text
Hampson v. Boone County Planning Com’n, 460 S.W.3d 912 (Ky. Ct. App., July 25, 2014) (Judicial review of county planning commission’s decision to allow cell tower construction.) Text
Ball v. Oldham County Planning and Zoning Com’n, 375 S.W.3d 79 (Ky. Ct. App., Aug. 3, 2012) (Challenge to approval of road frontage variance application.) Text
Dailey v. Am. Growers Ins., 103 S.W.3d 60 (Ky. 2003) (Merrill doctrine) Text
LOUISIANA
Alexander v. St. James Parish, 2026 WL 632512 (La. Mar. 6, 2026) (Arbitrary and capricious review is proper standard for reviewing local governmental land use decisions.)
Percle v. Lafourche Parish Government, 419 So.3d 390, 2025 WL 2268028 (La. Aug. 8, 2025) (Court held that no coastal use permit was required for applicants property.) Text
Healthy Gulf v. Secretary, Louisiana Department of Natural Resources, 407 So.3d 705, 2024 WL 5199231 (Ct. App. 4th Cir., Dec. 23, 2024) (Challenge to LDENR’s approval of a natural gas company’s coastal use permit for pipeline project.) Text
Salvation Army v. Union Pacific Railroad Company, 403 So.3d 80 (La. App. 3 Cir. Nov. 27, 2024) (Lawsuit under the LA Environmental Quality Act and LA Water Control Law.) Text
Deep South Center for Environmental Justice v. Secretary, Louisiana Department of Natural Resources, 395 So.3d 30 (La. App. 1 Cir. Aug. 21, 2024) (Petition to review of Department of Natural Resources denial of a petition for declaratory order that the facility needed a permit.) Text
State v. Louisiana Land & Exploration Co., 339 So.3d 1163 (La. June 1, 2022) (Oilfield remediation action.) Text
Firestone Polymers, L.L.C. v. Louisiana Department of Environmental Quality, 304 So.3d 1056 (La. Ct. App. 1 Cir. May 28, 2020) (Petition under LEQA seeking owners participate in bayou remediation.) Text
Schaumburg v. Parish of Jefferson, 292 So.3d 154 (La. Ct. App. 5 Cir. Feb. 19, 2020) (Landowners requested an injunction on the landfill for allegedly creating a nuisance because of the odor.) Text
Firestone Polymers, L.L.C. v. Louisiana Department of Environmental Quality, 291 So.3d 228 (La. Ct. App. 1 Cir. Nov. 15, 2019) (Judicial review of bayou remediation order by the DEQ.) Text
Save Our Hills v. Louisiana Department of Environmental Quality, 266 So.3d 916 (La. Ct. App. 1 Cir. Nov. 5, 2018) (Judicial review of air permit issued by DEQ to a gravel and sand mine operator.) Text
Louisiana Environmental Action Network v. Welsh, 224 So.3d 383 (La. Ct. App. 1 Cir. June 14, 2017) (Judicial review of Commissioner of Conservation’s order approving transfer station application.) Text
Johnson v. Strain, No. 2015-0714, 183 So. 3d 562 (La. App. 1 Cir. Nov. 6, 2015) (judicial review) Text
Industrial Pipe, Inc. v. Plaquemines Parish Council, 139 So.3d 1168 (La. Ct. App. 4 Cir. May 21, 2014) (Claim that denial of the coastal use permit application was unreasonable.) Text
City of New Orleans v. Advanced Environmental Consulting, Inc., 131 So.3d 912 (La. Ct. App. 4 Cir. Dec. 4, 2013) (Court held the city acted arbitrarily and capriciously by disqualifying the lowest bidder in material removal project.) Text
Louisiana Environmental Action Network v. Louisiana Dept. of Environmental Quality, 97 So.3d 1148 (La. Ct. App. 1 Cir. July 25, 2012) (Court held the approval of the experimental waste management operation was not a final order subject to judicial review.) Text
Louisiana Land Acquisition, LLC v. Louisiana Dept. of Environmental Quality, 97 So.3d 1144 (La. Ct. App. 1 Cir. July 18, 2012) (Judicial review of DEQ denial of solid waste disposal landfill petition.) Text
Valley v. Louisiana State Dept. of Environmental Quality, 97 So.3d 1026 (La. Ct. App. 1 Cir. May 2, 2012) (Review of LDEQ decision denying a public hearing on pollutant discharge elimination system.)
Bourquard v. L.O. Ausauma Enterprises, Inc., 52 So.3d 248 (La. Ct. App. 4 Cir. Nov. 17, 2010) (Action against contractor for civil trespass concerning dumping solid waste material.) Text
Apasra Properties, LLC v. City of New Orleans, 31 So.3d 615 (La. Ct. App. 4 Cir. Feb. 11, 2010) (Sought to enjoin administrative proceedings.) Text
Piazza’s Seafood World, LLC v. Odom, 2007-2191, 6 So. 3d 820 (La. App. 1 Cir. Dec. 23, 2008) (action for preliminary injunction against seafood regulation) Text
MARYLAND
Chiusano v. Two Farms, Inc., 268 Md. App. 322, 350 A.3d 876 (Md. Ct. App., Jan. 28, 2026) (Judicial review of county board of appeals’ decision.) Text
In re Foster Farm, 492 Md. 244, 340 A.3d 876 (Md. July 30, 2025) (Judicial review of county agricultural resolution board.) Text
Bhargarva v. Prince George’s County Planning Board, 265 Md. App. 172, 333 A.3d 1018 (Md. Ct. App., Apr. 1, 2025) (challenging county planning board’s affirmance of grant of variance from county’s tree conservation ordinance.) Text
Chesapeake Bay Foundation, Inc. v. Creg Westport I, LLC, 481 Md. 325, 281 A.3d 906 (Md. Ct. App., Aug. 26, 2022) (Judicial review of county planning and zoning department’s approval of forest conservation plan.) Text
Chesapeake Bay Foundation, Inc. v. Creg Westport I, LLC., 252 Md.App. 470, 259 A.3d 219 (Md. Sp. App. Ct., Sept. 8, 2021) (Judicial review of county planning and zoning department’s approval of forest conservation plan.) Text
Ctr. For Sci. in the Pub. Interest v. Perdue, 438 F.Supp.3d 546 (D. Md. 2020) (finding the Department of Agriculture did not provide adequate notice regarding nutrition standards) Text
West Montgomery County Citizens Association v, Montgomery County Planning Board of Maryland-National Capital Park and Planning Commission, 248 Md. App. 314, 241 A.3d 76 (Md. Ct. Spec. App. Oct. 29, 2020) (Court held that the evidence was sufficient to grant the county planning board’s petition to grant the landowner’s tree variance.) Text
Maryland Department of the Environment v. County Commissioners of Carroll County, 465 Md. 169, 214 A.3d 61 (Md. Ct. App. Aug. 6, 2019) (Court held that the Department of the Environment did not act arbitrarily and capriciously in classifying the county with more stringent pollution controls and the Department’s choice to not include water quality trading in the permits was also not arbitrary and capricious.) Text
Montgomery County v. Complete Lawn Care, Inc. 240 Md. App. 664, 207 A.3d 695 (Md. Ct. Spec. App. May 2, 2019) (The Court held that the county ordinance restricting the use of pesticides was not expressly preempted by the Marland Pesticide Registration and Labeling Law.) Text
Accokeek, Mattawoma, Piscataway Creeks Communities Council, Inc. v. Maryland Public Service Com’n, 227 Md. App. 265, 133 A.3d 1228 (Md. Ct. Spec. App. 2016) (Judicial review of Public Service Commission’s approval of electric generating station.) Text
Assateague Costal Trust, Inc. v. Schwalbach, 223 Md. App. 631, 117 A.3d 606 (Md. Ct. Spec. App. July 2, 2015) (Judicial review of county board of zoning appeals decision granting a variance allowing a landowner to construct a walkway across wetlands.) Text Assateague Coastal Trust, Inc. v. Schwalbach, 448 Md. 112, 136 A.3d 866 (Md. Ct. App. May 23, 2016).
Chesapeake Bay Foundation, Inc. v. DCW Dutchship Island, LLC, 439 Md. 588, 97 A.3d 135 (Md. Ct. App. 2014) (Appeal of county board’s decision to deny variance application to construct improvements on landowner’s island.) Text
Dugan v. Prince George’s County, 216 Md. App. 650, 88 A.3d 896 (Md. Ct. Spec. App. 2014) (Judicial review sought of the county’s application approval for amendment to the water and sewer plan.) Text
Critical Area Com’ for Chesapeake and Atlantic Coastal Bays v. Moreland, LLC, 418 Md. 111, 12 A.3d 1223 (Md. Ct. App. 2011) (Landowner challenge the county’s decision to deny variance applications.) Text
Maryland Reclamation Associates, Inc. v. Harford County, 414 Md. 1, 994 A.2d (Md. Ct. App. 2010) (Court held the local zoning process was not preempted by state environmental permitting process.) Text
Maryland Dep’t of Agr. v. Hammond, 170 Md. App. 344, 907 A.2d 306 (Md. Ct. Spec. App. 2006) (judicial review od agency’s decision to revoke license) Text
MICHIGAN
In re Enbridge Energy to Replace and Relocate Line 5, 2025 WL 554844 (Mich. Ct. App. Feb, 19, 2025) (Appeal of a decision by Public Service Commission to approve the relocation of fuel pipeline on a lakebed to a tunnel underneath the Straits of Mackinac.) Text
Exclusive Capital Partners, LLC v. City of Royal Oak, 2024 WL 4982606 (Mich. Ct. App. Dec. 4, 2024) (The Court held that the city’s marijuana ordinance was not void for vagueness and did not violate due process.) Text
JS Beck Rd LLC v. Charter Township of Northville, 2024 WL 4819884 (Mich. Ct. App. Nov. 18, 2024) (Court held that the township’s planning commission failed to adequately articulate its basis for the special land use application denial.) Text
Michigan Farm Bureau v. Department of Environment, Great Lakes, and Energy, 515 Mich. 481, 28 N.W.3d 629 (Mich. July 31, 2024) (Farmers operating CAFO’s sued the Department challenging the conditions set in the NPDES general permit governing CAFOs.) Text
Pegasus Wind, LLC v. Tuscola County, 513 Mich. 35, 15 N.W.3d 108 (Mich. Apr. 9, 2024) (Appeal of decision from airport zoning board of appeals with denied the variance applications from an LLC seeking to build wind turbines.) Text
In re Indiana Michigan Power Company, 349 Mich. App. 654, 28 N.W.3d 393 (Mich. Ct. App. Jan. 18, 2024) (Appeal of final order from Public Service Commission.)
Lehman Investment Company, LLC v. City of Village of Clarkston, 347 Mich. App. 736, 16 N.W.3d 584 (Mich. Ct. App. Aug. 17, 2023) (Appeal of the Michigan State Historic Preservation Review Board decision that affirmed the village historical district commission’s decision to deny the application to demolish a home.) Text
Saugatuck Dunes Coastal Alliance v. Saugatuck Township, 509 Mich. 561, 983 N.W.2d 798 (Mich. July 22, 2022) (Challenge to the township zoning board of appeals that approved the residential site condo project that included a marina and boat basin with boat slips.) Text
Ansell v. Delta County Planning Commission, 332 Mich. App. 451, 957 N.W.2d 47 (Mich. Ct. App. June 4, 2020) (Landowners challenging county planning commission issuance of a conditional use permit for construction of wind turbines.) Text
Lakeshore Group v. Department of Environmental Quality, 2019 WL 1301795 (Mich. Ct. App. Mar. 21, 2019) (Challenge to development permit on a critical dune area.) Text
Grass Lake Imp. Bd. v. Department of Environmental Quality, 316 Mich. App. 356, 891 N.W.2d 884 (Mich. Ct. App, July 21, 2016) (Judicial review of ALJ decision that denied the lake improvement board’s request for attorneys fee after a successful administrative review of DEQ decision.)
In re Application of Michigan Electric Transmission Co., 309 Mich. App. 1, 867 N.W.2d 911 (Mich. Ct. App. Nov. 18, 2014) (Judicial review of Public Service Commission’s approval of electric utility’s application.)
Elba Tp. v. Gratiot County Drain Comm’r, 294 Mich. App. 310, 812 N.W.2d 771 (Mich. Ct. App. Oct. 18, 2011) (Township sued county drain commissioner alleging violation of the Drain Code.) Text
Whitman .v Galien Twp., 288 Mich. App. 672, 808 N.W.2d 9 (Mich. Ct. App. June 10, 2010) (Court held the zoning ordinance did not comply with Michigan Zoning Enabling Act.) Text
Pontiac Food Ctr. v. Dep’t of Cmty. Health, 282 Mich. App. 331 (2008) (judicial review) Text
Sierra Club Mackinac Charter v. Dep’t of Envtl. Quality, 747 N.W.2d 321 (Mich. Ct. App. 2007) (invalidating state CAFO rule) Text
MINNESOTA
In re Cottonwood County’s Decision on Need for Environmental Impact Statement for Proposed Sioux Rock Quarry Expansion Project in Delton Township, 27 N.W.3d 909, 2025 WL 2901586 (Minn. Ct. App., Oct. 13, 2025) (Challenge county board of commissioners decision a EIS was unnecessary.) Text
Hogendorf v. Green, 26 N.W.3d 895 (Minn. Ct. App., Sept. 15, 2025) (Claims under the Minnesota Environmental Response and Liability Act and the court held that the discharge of pesticide was not under the agricultural exception under the Act.)
State by Smart Growth Minneapolis v. City of Minneapolis, 7 N.W.3d 418 (Minn. Ct. App. May 13, 2024) (Challenge city’s approval of a comprehensive plan under the Minnesota Environmental Rights Act.) Text
Partners in Nutrition, 995 N.W.2d 631 (Minn. Ct. App. Sept. 18, 2023) (Appeals of the Minnesota Department of Education’s decision that administers the federal food-distribution program under USDA.) Text
Matter of Denial of Contested Case Hearing Requests, 993 N.W.2d 627 (Minn. Aug. 2, 2023) (Review sought of Minnesota Pollution Control Agency’s decision issuing a NPDES/SDS permit.) Text
Matter of Enbridge Energy, Limited Partnership, 964 N.W.2d 173 (Minn. Ct. App. June 14, 2021) (Judicial review of the Public Utilities Commission’s environmental impact statement for the construction of replacement pipeline.) Text
Matter of NorthMet Project Permit to Mine Application Dated December 2017, 959 N.W.2d 731 (Minn. Apr. 28, 2021) (Appeal the Minnesota Department of Natural Resources petition denial and issuance of a mining permit.) Text
State by Smart Growth Minneapolis v. City of Minneapolis, 954 N.W.2d 584 (Minn. Feb. 10, 2021) (Allege the city’s approval of a comprehensive plan violated the Minnesota Environmental Rights Act.) Text
Matter of Decision on Need for an Environmental Impact Statement for Proposed Barrick Family Farms, LLP-Lockhart 25 Project Lockhart Township Norman County, 955 N.W.2d 291 (Minn. Ct. App. Jan. 25, 2021) (Challenge the Minnesota Pollution Control Agency’s decision concerning a feedlot permit.) Text
White Bear Lake Restoration Association ex rel. State v. Minnesota Department of Natural Resources, 928 N.W.2d 351 (Minn. Ct. App., Apr. 22, 2019) (Challenge Department of Natural Resources issuance of groundwater-appropriation permits.) Text
BFI Waste Systems of North America, LLC v. Bishop, 927 N.W.2d 314 (Minn. Ct. App. Apr. 8, 2019) (Petition of review of administrative penalty order issued by Minnesota Pollution Control Agency.) Text
Eureka Township v. Petter, 2017 WL 3863144 (Minn. Ct. App. Sept. 5, 2017) (Court held that the townships exotic animal ordinance did not conflict with the state statute concerning fur farming for agricultural purposes.) Text
State by its Minnesota Pollution Control Agency v. Anderson, 2017 WL 74369 (Minn. Ct. App. Jan. 9, 2017) (Challenge lower court’s decision that held in favor of the state Pollution Control Agency’s allegations of landowner’s noncompliance with a consent decree.)
In re Little Rock Creek, 2016 WL 6923602 (Minn. Ct. App. Nov. 28, 2016) (Landowners petition for review of state pollution control agency’s decision submitting TMDL study to the EPA under the CWA.)
August v. Chisago County Board of Commissioners, 868 N.W.2d 741 (Minn. Ct. App. Aug. 17, 2015) (Review sought of the county board’s denial of conditional use permit.) Text
In re Minntac Mine Extension Project in Mountain Iron, St. Louis County, 2014 WL 274077 (Minn. Ct. App. Jan. 27, 2014) (Judicial review of department of natural resources approval extension of mining operation.) Text
State ex rel. Swan Lake Area Wildlife Ass’n v. Nicollet County Board of County of Commissioners, 799 N.W.2d 619 (Minn. Ct. App., May 23, 2011) (Court held that the court could not restore the lake to a natural crest elevation that existed before the enactment of the state’s environmental rights act.) Text
In re Dairy Dozen-Thief River Falls, LLP, Nos. A09-936, A09-1406, 2010 WL 2161781 (Minn. Ct. App. June 01, 2010) (timeliness of appeal for feedlot permit)
Gunnink v. Minnesota, No. A09-396, 2010 WL 10388 (Minn. Ct. App. Jan. 5, 2010) (state’s authority to conduct inspection did not violate 4th Amendment) Text
MISSOURI
Stiens v. Missouri Department of Agriculture, 727 S.W.3d 381 (Mo. Ct. App., Oct. 28, 2025) (Judicial review of administrative hearing commissions decision upholding Missouri Department of Agriculture’s employee termination.) Text
Anderson v. Monsanto Company, 719 S.W.3d 755 (Mo. Ct. App. May 27, 2025) (Appeal in a strict liability and negligence lawsuit alleging active ingredient in the herbicide caused cancer in users.) Text
Stiens v. Missouri Department of Agriculture, 653 S.W.3d 138 (Mo. Ct. App. Sept. 13, 2022) (Court held that the matter should be returned to the trial court to review the decisions from the hearing commission.) Text
Missouri Coalition for Environment v. State, 579 S.W.3d 924 (Mo. July 16, 2019) (Court held the citizen’s environmental group did not have standing to bring an action against the state and clean water commission.) Text
State ex rel. Missouri Coalition for the Environment v. Joint Committee on Administrative Rules, 519 S.W.3d 805 (Mo. Apr. 25, 2017) (Court held the challenge was moot by the superseding amended rule.) Text
State ex rel. Ideker, Inc. v. Grate, 437 S.W.3d 279 (Mo. Ct. App. Apr. 8, 2014) (Court held that the asphalt plant operator had sufficient interest in action to support the intervention.) Text
Ard v. Shannon County Commission, 424 S.W.3d 468 (Mo. Ct. App, Mar. 17, 2014) (Judicial review of county commission denial of landowner’s application.) Text
Mo. Soybean Ass’n v. Mo. Clean Water Comm’n, 102 S.W.3d 10 (Mo. 2003) (lack of subject matter to challenge list prepared by agency) Text
MONTANA
EQT Chap LLC v. Environmental Health Sciences, 424 Mont. 337, 577 P.3d 1138 (Mont. 2025) (Court held the Pennsylvania law applied in this case rather than Montana law.) Text
Upper Missouri Waterkeeper v. Broadwater, 422 Mont. 449, 571 P.3d 626 (Mont. 2025) (Challenge to the county and state Department of Resources and Conservation alleging violation of the Subdivisions and Platting Act.) Text
Montana Trout Unlimited v. Montana Department of Natural Resources and Conservation, 420 Mont. 85, 561 P.3d 995 (Mont. 2025) (Judicial review of DNRC order granting a beneficial use permit to a mining company.) Text
Cascade County v. Montana Petroleum Tank Release Compensation Board, 422 Mont. 230, 569 P.3d 587 (Mont. 2025) (Court held that the Petroleum Tank Release Compensation Board to have a legal duty to review and determine the eligibility of the county’s claims.) Text
Held v. State, 419 Mont. 403, 560 P.3d 1235 (Mont. 2024) (The court held the Montana Environmental Policy Act held provisions that implicated the state constitutional right to a clean and healthful environment.) Text
Protect the Clearwater v. Montana Department of Environmental Quality, 417 Mont. 527, 554 P.3d 197 (Mont. 2024) (Application for a preliminary injunction against the operation of a mining permit issued by the DEQ.) Text
Friends of Lake Five, Inc. v. Flathead County Commission, 416 Mont. 525, 549 P.3d 1179 (Mont. 2024) (Judicial review of county’s approval of landowner’s land use application.) Text
Montana Trout Unlimited v. Montana Department of Environmental Quality, 415 Mont. 214, 544 P.3d 163 (Mont. 2024) (Challenge to DEQ issuance of permit to mining company to construct a copper mine.) Text
Montana Environmental Information Ctr. V. Westmoreland Rosebud Mining, LLC, 414 Mont. 80, 545 P.3d 623 (Mont. 2023) (Judicial review of Board of Environmental Review’s decision to uphold DEQ’s grant of mining permit.) Text
Water for Flathead’s Future, Inc. v. Montana Department of Environmental Quality, 412 Mont. 258, 530 P.3d 790 (Mont. 2023) (Allege DEQ’s issuance of a water use permit violated the Montana Environmental Policy Act.) Text
Flathead Lakers Inc. v. Montana Department of Natural Resources and Conservation, 412 Mont. 225, 530 P.3d 769 (Mont. 2023) (Judicial review of DNRC decision to issue groundwater appropriation permit.) Text
Hillcrest Natural Area Foundation, Inc. v. Montana Department of Environmental Quality, 411 Mont. 30, 521 P.3d 766 (Mont. 2022) (Challenge the DEQ issuance of a solid waste management system license.) Text
Montana Rivers v. Montana Department of Environmental Quality, 409 Mont. 204, 512 P.3d 1193 (Mont. 2022) (Allege the DEQ violated the Montana Environmental Policy Act because they failed to supplement an environmental impact statement.) Text
Yellowstone Disposal, LLC v. Department of Environmental Quality, 407 Mont. 316, 503 P.3d 1097 (Mont. 2022) (Court held the applicant failed to exhaust administrative remedies.) Text
Park County Environmental Council v. Montana Department of Environmental Quality, 402 Mont. 168, 477 P.3d 288 (Mont. 2020) (Allege violation of the Montana Environmental Policy Act when the DEQ granted the exploration license without a environmental impact statement.) Text
BNSF Railway Company v. Eddy, 399 Mont. 180, 459 P.3d 857 (Mont. 2020) (Court held the residents claims were not preempted by Federal Railroad Safety Act or the Hazardous Materials Transportation Act.) Text
Atlantic Richfield Company v. Montana Second Judicial District Court, 390 Mont. 76, 408 P.3d 515 (Mont. 2017) (Court held the landowners were not :potentially responsible parties” under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.) Text
Montana Environmental Information Center v. Montana Dept. of Environmental Quality, 382 Mont. 102, 365 P.3d 454 (Mont. 2016) (Challenging DEQ decision to approve the expansion of a gold mine.) Text
Gateway Village, LLC v. Montana Dept. of Environmental Quality, 381 Mont. 206, 357 P.3d 917 (Mont. 2015) (Judicial review of decision of DEQ to grant wastewater discharge permit to county water and sewer district.) Text
Montana Wildlife Federation v. Montana Board of Oil & Gas Conservation, 365 Mont. 232, 280 P.3d 877 (Mont. 2012) (Challenge to the issuance of gas well permits.) Text
Jefferson County ex. rel. Board of Commissioners v. Department of Environmental Quality, 362 Mont. 311, 264 P.3d 715 (Mont. 2011) (Court held that judicial review of DEQ decisions under the Montana Environmental Policy Act and Major Facilities Siting Act provided the county at issue with an adequate remedy at law.) Text
Montana Trout Unlimited v. Beaverhead Water Co., 361 Mont. 77, 255 P.3d 179 (Mont. 2011) (Appeal an order from the Water Court that dismissed its water right claims objections.) Text
State ex rel. Department of Environmental Quality v. BNSF Ry. Co., 358 Mont. 368, 246 p.3d 1037 (Mont. 2010) (Suit under CERCLA to compel the abatement of contamination at industrial sites.) Text
Aspen Trails Ranch, LLC v. Simmons, 356 Mont. 41, 230 P.3d 808 (Mont. 2010) (Action challenging city commission’s decision to approve preliminary plat of subdivision.) Text
Whitehall Wind, LLC v. Mont. Pub. Serv. Comm’n, 223 P.3d 907 (Mont. 2010) (determination agency’s rate determination was unreasonable) Text
NEBRASKA
State ex rel. Seeman v. Lower Republican Natural Resources District, 319 Ned. 681, 24 N.W.3d 874 (Neb. 2025) (Challenging NRD’s cease-and-desist order reducing certified irrigated acres under Nebraska Ground Water Management and Protection Act.) Text
Hauxwell v. Middle Republican Natural Resources District, 319 Neb. 28, 21 N.W.3d 21 (Neb. 2025) (Petition to review the natural resources district’s denial of a ground water pooling application.) Text
Hauxwell v. Middle Republican Natural Resources District, 319 Neb. 1, 21 N.W.3d 34 (Neb. 2025) (Petition for review of natural resources districts order imposing penalties because of farmers violation of rules and regulations and the Nebraska Ground Water Management and Protection Act.) Text
Amorak, Inc. v. Cherry County Board of Commissioners, 318 Neb. 723, 18 N.W.3d 782 (Neb. 2025) (Appeal of county board of commissioners’ decision to issue a conditional use permit to landowner to build a commercial hog facility.) Text
Dirt Road Development LLC v. Hirschman, 316 Neb. 757, 7 N.W.3d 438 (Neb. 2024) (Court held that the farmer’s new feedlot was “adjacent” to the farmer’s other operations and thus required a permit.) Text
Egan v. County of Lancaster, 308 Neb. 48, 952 N.W.2d 664 (Neb. 2020) (Challenge to county board of commissioners issuance of a special use permit for the construction of a poultry production facility.) Text
Omaha Exposition and Racing, Inc. v. Nebraska State Racing Commission, 307 Neb. 172, 949 N.W.2d 183 (Judicial review of the State Racing Commission’s order.) Text
Hochstein v. Cedar County Board of Adjustment, 305 Neb. 321, 940 N.W.2d 251 (Neb. 2020) (Operator of a livestock feeding operation challenge the county board of adjustment’s grant of zoning permit to neighbors that want to construct a residence on their adjoining farm.) Text
In re Application No. OP-0003, 303 Neb. 872, 932 N.W.2d 653 (Neb. 2019) (Review of Public Service Commission grant of application to pipeline company.) Text
Bruning v. City of Omaha Zoning Board of Appeals, 303 Neb. 146, 927 N.W.2d 366 (Neb. 2019) (Review of city zoning board of appeals variance denial.) Text
Prokop v. Lower Loup Natural Resources District, 302 Neb. 10, 921 N.W.2d 375 (Neb. 2019) (Judicial review of natural resources district board’s issuance of a cease and desist order on an landowners access to ground water.) Text
Epp. V. Natural Resources Conservation Service, 425 F.Supp.3d 1142 (Neb. 2019) (review of administrative judge determination that NRCS decision was not appealable to NAD) Text
Medicine Creek LLC v. Middle Republican Natural Resources District, 296 Neb. 1, 892 N.W.2d 74 (Neb. 2017) (Court held that a review de novo on the record of the natural resources district’s board was the correct standard of review.) Text
Hill v. State, 296 Neb. 10, 894 N.W.2d 208 (Neb. 2017) (Inverse condemnation action against Department of Natural Resources after the dept’ issued closing notices to surface water permit holders.) Text
Lingenfelter v. Lower Elkhorn Natural Resources District, 294 Neb. 46, 881 N.W.2d 892 (Neb. 2016) (Appeal of the natural resources district’s order to stop irrigation.) Text
In re Claims Against Pierce Elevator, 291 Neb. 798, 868 N.W.2d 781 (Neb. 2015) (Challenge the Public Service Commission’s classification of parties claims under the Grain Dealer Act and the Grain Warehouse Act.) Text
In re Appropriation A-7603 v. Nebraska Department of Natural Resources, 291 Neb. 678, 868 N.W.2d 314 (Neb. 2015) (Review sought of the Department of Natural Resources’ action canceling appropriation for nonuse.) Text
Thompson v. Heineman, 289 Neb. 798, 857 N.W.2d 731 (Neb. 2015) (Landowners challenge the construction of pipeline.) Text
In re 2007 Administration of Appropriations of Waters of Niobrara River, 288 Neb. 497, 851 N.W.2d 640 (Neb. 2014) (Junior river water appropriation rights filed a petition with the department of natural resources challenging the validity of the senior river water appropriation right holders.) Text
Barthel v. Liermann, 21 Neb. App. 730, 842 N.W.2d 624 (Neb. 2014) (Claim against neighbor alleging failed to properly clean a drainage ditch that led to the claimant’s hay meadow to flood.) Text
Butler County Dairy, LLC v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (Neb. 2013) (Livestock waste control facility operator challenged the township’s pipeline regulation as it concerned pipes carrying livestock waste.) Text
In re 2007 Administrations of Appropriations of Waters of Niobrara River, 283 Neb. 629, 820 N.W.2d 44 (Neb. 2012) (Challenge to senior river water appropriation rights by the junior river water appropriation rights.) Text
Middle Niobrara Natural Resources District v. Department of Natural Resources, 281 Neb. 634, 799 N.W.2d 305 (Neb. 2011) (Appeal of the Department of Natural Resources’ determination that the river basin that was located upstream of a dam was fully appropriated.) Text
In re 2007 Admin. Of Appropriations of Water of Niobrara River, 768 N.W.2d 420 (Neb. 2009) (administrative proceedings not moot) Text
Swift & Co. v. Nebraska Dep’t of Revenue, 278 Neb. 763 (2009) (judicial review of sales tax refund denial) Text
Spear T Ranch, Inc. v. Knaub, 691 N.W.2d 116 (Neb. 2005) (doctrine of primary jurisdiction) Text
NEW JERSEY
Matter of Proposed Construction of Compressor Station (CS327), 258 N.J. 312 (N.J. 2024) (Review of DEP issuance of a Highlands Applicability Determination concerning a natural gas pipeline.) Text
Matter of Nicosia, 479 N.J. Super. 360, 322 A.3d 98 (N.J. Super. Ct. App. Civ. 2024) (Judicial review of Department of Environmental Protection’s rejection of property owners’ objections.) Text
Musconetcong Watershed Association v. New Jersey Department of Environmental Protection, 476 N.J. Super. 465, 300 A.3d 990 (N.J. Super. Ct. App. 2023) (Appeal from department’s denial of a request for adjudicatory hearings.) Text
Matter of Petition of South Jersey Gas Company, 447 N.J. Super. 459, 149 A.3d 13 (N.J. Super. Ct. 2016) (Appeal of the Pinelands Commission executive director decision regarding a natural gas pipeline.) Text
Township v. Sussex County Agriculture Development Board, 2016 WL 6156202 (N.J. Super. Ct. 2016) (The Court held that the decision of the State Agriculture Development Committee maintained a reasonable balance between the farm interests and the local zoning protection interests.) Text
Pinelands Preservation Alliance v. State, Department of Environmental Protection, 463 N.J. Super. 510, 95 A.3d 741 (N.J. Super. Ct. 2014) (Review of departments decision granting a construction permit to property under the Coastal Area Facility Review Act.) Text
In re Authorization for Freshwater Wetlands Statewide General Permit 6, Special Activity Transition Area Waiver for Stormwater Management, Water Quality Certification, 433 N.J. Super. 385, 80 A.3d 1132 (N.J. Super. Ct. 2013) (Appeal the department’s decision granting freshwater wetlands permits and transition area waivers.) Text
In re New Jersey Department of Environmental Protection Conditional Highlands Applicability Determination, Program Interest No. 435434, 433 N.J. Super. 223, 78 A.3d 574 (N.J. Super. Ct. 2013) (Appeal of a final agency decision granting a company an exemption from the Highlands Act.) Text
Lakeside Manor v. State Department of Environmental Protection, 421 N.J. Super. 362, 23 A.3d 958 (N.J. Super. Ct. 2011) (Appeal of final agency decision denying applications for a determination concerning development projects.) Text
In re Adoption of N.J.A.C. 7:15-5:24(b), 420 N.J. Super. 552, 22 A.3d 94 (N.J. Super. Ct. 2011) (Appeal of department’s adoption of Water Quality Management Planning rules.) Text
Hackensack Riverkeeper, Inc. v. New Jersey Department of Environmental Protection, 443 N.J.Super. 293, 128 A.3d 749 (N.J. Super. Ct. 2015) (Appeal of departments adoption of public access rules concerning the coastal zones.) Text
In re Agric., Aquacultural, & Horticultural Water Usage Certification Rules, 891 A.2d 99 (N.J. Super. Ct. App. Civ. 2009) (challenging new water use regulations for agriculture)
Atlantic County Soc’y for Prevention of Cruelty to Animals v. City of Absecon, No. L-16946-06, 2009 WL 1562967 (N.J. Super. Ct. App. Div. June 5, 2009) (open records request) Text
N.J. Soc’y for the Prevention of Cruelty to Animals v. N.J. Dep’t of Agric., 955 A.2d 866 (N.J. 2008) (farm animal cruelty regulations were arbitrary and capricious)
NEW MEXICO
Throne v. Governing Body of City of Santa Fe, 2025 WL 3264542 (N.M. Ct. App. 2025) (Appeal of decision of approval to rezone the property next to a scenic roadway.) Text
Atencio v. State, 2025 WL 1621659 (N.M. Ct. App. 2025) (Claim that the state failed to enact and enforce laws to protect the environment from pollution caused by oil and natural gas.) Text
Southwest Research and Information Center v. Secretary of New Mexico Environment Department, 570 P.3d 217, 2025-NMCA-007, 2025 WL 511304 (N.M. Ct. App. 2025) (Challenge the department’s order granting a waste isolation pilot plant facility operating permit request.) Text
Carlsbad Irrigation District v. D’Antonio, 544 P.3d 276, 2024-NMCA-024, 2023 WL 6969728 (Water owners appealed the lower courts holding that they forfeited their water rights.) Text
Shook v. Governing Body of City of Santa Fe, 538 P.3d 466, 2023-NMCA-086, 2023 WL 6057249 (N.M. Ct. App. 2023) (Judicial review of approval of developer’s applications seeking zoning changes to land use plans.) Text
State ex rel. Office of the State Engineer v. Romero, 521 P.3d 56, 2022-NMSC-022, 2022 WL 4461410 (N.M., 2022) (Court held that the groundwater forfeiture statute does allow for partial forfeiture.) Text
Augustin Plains Ranch, LLC v. D’Antonio, 521 P.3d 1226, 2023-NMCA-001, 2022 WL 3274182 (N.M. Ct. App. 2022) (Appeal of order of State Engineer rejecting permit to appropriate underground water.) Text
Wild Horse Observers Association, Inc. v. New Mexico Livestock Board, 519 P.3d 74, 2022-NMCA-061, 2022 WL 2901248 (N.M. Ct. App. 2022) (Court held the horses were on “public land,” not “estray,” and the Board had no statutory duty to test the DNA of the horses corralled by a private citizen on private property.) Text
Citizens for Fair Rates and the Environment v. New Mexico Public Regulation Commission, 503 P.3d 1138, 2022-NMSC-010, 2022 WL 92106 (Appeal of the final order of the New Mexico Public Regulation Commission.) Text
Sanchez v. Board of County Commissioners of Taos County, 503 P.3d 392, 2022-NMCA-002, 2021 WL 2190429 (N.M. Ct. App. 2021) (Appeal of decision from board of county commissioners that affirmed the county planning commission grant of a construction permit.) Text
Benavidez v. Bernalillo County Board of County Commissioners, 493 P.3d 1024, 2021-NMCA-029, 202 WL 10935985 (N.M. Ct. App. 2020) (Court held that the board proceedings regarding the master plan were legislative.) Text
State ex rel. Egolf v. New Mexico Public Regulation Commission, 476 P.3d 896, 2020-NMSC-018, 2020 WL 4251786 (N.M. 2020) (Writ of mandamus sought directing the Public Regulation Commission to apply the Energy Transition Act.) Text
State ex rel. Office of State Engineer v. Romero, 455 P.3d 860, 2020-NMCA-001, 2019 WL 3854929 (N.M. Ct. App. 2019) (Court held that the statute governing forfeiture of underground water includes potential of partial forfeiture of appropriator’s water rights.) Text
Gaume v. New Mexico Interstate Stream Commission, 450 P.3d 476, 2019-NMCA-064, 2019 WL 3492219 (N.M. Ct. App. 2019) (Claims that the Interstate Stream Commission violated the Open Meetings Act.) Text
Filippi v. Board of County Commissioners, 424 P.3d 658, 2018-NMCA-050, 2018 WL 2328075 (N.M. Ct. App. 2018) (Court held that the property owners proposed land use to grow medical cannabis was permissive and did not require a conditional use permit, per the county zoning ordinance.) Text
Santa Fe Water Resource Alliance, LLC v. D’Antonio, 369 P.3d 12, 2016-NMCA-035, 2015 WL 8566676 (N.M. Ct. App. 2015) (Judicial review sought of the state engineer’s grant of the application for change of diversion point of water rights.) Text
Citizen Action New Mexico v. New Mexico Environment Department, 350 P.3d 1178, 2015-NMCA-058, 2015 WL 798103 (N.M. Ct. App. 2015) (Appeal from department’s letter approval a long-term remedial plan of federal research facility.) Text
Santa Fe Pacific Trust, Inc. v. City of Albuquerque, 335 P.3d 232, 2014-MNCA-093, 2014 WL 3048175 (N.M. Ct. App. 2014) (Inverse condemnation action against a city from a proposed condemnation that was not performed.) Text
Rayellen Resources, Inc. v. New Mexico Cultural Properties Review Committee, 319 P.3d 639, 2014-NMSC-006, 2014 WL 486088 (Review of decision to permanently list 400,000 acres of public land on a mountain as a registered cultural property.) Text
Parkview Community Ditch Association v. Peper, 323 P.3d 939, 2014-NMCA-049, 2013 WL 6843080 (N.M. Ct. App. 2013) (Claim of violation of Open Meetings Act concerning headgate installations in acequia system for purpose of diverting water.) Text
Carangelo v. Alburquerque-Bernalillo County Water Utility Authority, 320 P.3d 492, 2014-NMCA-032, 2013 WL 6237652 (N.M. Ct. App. 2013) (Challenge Office of State Engineer granting the city’s application to divert surface water from the Rio Grande.) Text
Zuni Indian Tribe v. McKinley County Board of County Commissioners, 300 P.3d 133, 2013-NMCA-041, 2013 WL 1139510 (N.M. Ct. App. 2013) (Court held that the board of county commissioners approving preliminary plat application was a final, appealable decision.) Text
New Mexico Cattle Growers’ Association v. New Mexico Water Quality Control Commission, 299 P.3d 436, 2013-NMCA-046, 2012 WL 7962904 (N.M. App. 2012) (Review sought of the Water Quality Control Commission’s decision to designate perennial surface waters in the federal wilderness areas as Outstanding National Resource Waters.) Text
Los Chavez Community Association v. Valencia County, 277 P.3d 475, 2012-NMCA-044, 2012 WL 1708460 (N.M. Ct. App. 2012) (Judicial review of board of county commissioners’ decision to allow a zone change for a planned residential subdivision.) Text
New Energy Economy, Inc. v. Vanzi, 274 P.3d 53, 2012-NMSC-005, 2012 WL 1192067 (N.M. 2012) (Petition for writs of supervisory control in administrative rulemaking proceedings.) Text
Ricci v. Bernalillo County Board of County Commissioners, 150 N.M. 777, 266 P.3d 646, 2011-NMCA-114 (N.M. Ct. App. 2011) (Review sought of the board’s decision to deny a request to stop the developer from removing material.) Text
City of Rio Rancho v. Amrep. Southwest Inc., 150 N.M. 428, 260 P.3d 414, 2011-NMSC-037 (N.M. 2011) (Court held that the purchaser’s inverse condemnation claim was not ripe.) Text
Prather v. Lyons, 267 P.3d 78, 182 Oil & Gas Rep. 382, 2011-NMCA-108 (N.M. Ct. App. 2011) (Court held that the surface destruction doctrine would not be adopted, and the intent of the parties was that the rock constituted a mineral reserved to the State.) Text
Headen v. D’Antonio, 149 N.M. 667, 253 P.3d 957, 2011-NMCA-058 (N.M. Ct. App. 2011) (Court held that the purported owner was required to exhaust administrative remedies.) Text
New Energy Economy, Inc. v. Martinez, 149 N.M. 207, 247 P.3d 286, 2011-NMSC-006 (N.M. 2011) (Writ of mandamus to compel administer to publish rules and regulations.) Text
New Energy Economy, Inc. v. Shoobridge, 149 N.M. 42, 243 P.3d 746, 2010-NMSC-049 (N.M. 2010) (Court held that the separation of powers doctrine banned the court from prematurely intervening to halt administrative hearings.) Text
Andalucia Development Corp., Inc. v. City of Albuquerque, 148 N.M. 277, 234 P.3d 929, 2010-NMCA-052 (Judicial review of decision of the city the affirmed the Environmental Planning Commission decision.) Text
United States v. High Plains Livestock, LLC, No. 15-CV-680 MCA/JHR, 2018 U.S. Dist. LEXIS 78164 (D.N.M. 2018) (application for EAJA fees) Text
NEW YORK
Town of Fremont v. New York State Board on Electric Generation, 246 A.D.3d 1469 (N.Y. App. Div. 4th, 2026) (Petition to set assign grant of wind energy company’s petition to amend its certificate of environmental compatibility.) Text
Viznitz Institutions, Inc. v. New York State Education Department, 244 A.D.3d 1338 (N.Y. App. Div. 3d, 2025) (Challenge denial of operator’s request to serve non-congregate meal services to rural children.) Text
Haunted Forest, LLC v. Town of Wilson, 240 A.D.3d 1340, 240 N.Y.S. 3d 871 (N.Y. 2025) (Court held the landowners cause of action seeking review of article 78 was not ripe for judicial review.) Text
Honovich v. County of Putnam, 87 Misc.3d 527, 234 N.Y.S3d 742 (N.Y. 2025) (The court held that the legislatures denial of the farmers application based on the land’s failure to meet certain requirements was arbitrary, capricious and irrational.) Text
Town of Brookhaven v. Ball, 239 A.D.3d 172, 230 N.Y.S.3d 755 (N.Y. 2025) (Court held that the Commissioner of Agriculture and Markets’ determination was not arbitrary or capricious.) Text
3750 Monroe Avenue Associates, LLC v. New York State Department of Environmental Conservation, 236 A.D.3d 1341, 230 N.Y.S.3d 483 (N.Y. 2025) (Court held that the program participant failed to exhaust its administrative remedies.) Text
Clean Air Action Network of Glens Falls, Inc. v. Town of Moreau Planning Board, 235 A.D.3d 1124, 228 N.Y.S.3d 334 (N.Y. 2025) (Court held that the town planning board failed to take a hard look at the potential adverse impacts of air quality of the proposed facility under SEQRA.) Text
East Side Parkways Coalition v. New York State Department of Transportation, 86 Misc.3d 1062, 228 N.Y.S.3d 891 (N.Y. 2025) (Court held that the Department’s determination that the proposed project would not have a significant environmental impact was arbitrary and capricious.) Text
Seneca Meadows, Inc. v. Town of Seneca Falls, 233 A.D.3d 1430, 225 N.Y.S.3d 483 (N.Y. 2024) (Court held the owner of a solid waste management facility did not have standing to challenge the towns compliance under SEQRA.) Text
JHK Development, LLC v. Town of Salina, 233 A.D.3d 1496, 224 N.Y.S.3d 769 (N.Y. 2024) (Action seeking to invalidate the town board’s condemnation authorization.) Text
Western New York Youth Climate Council v. New York State Department of Transportation, 86 Misc.3d 1036, 224 N.Y.S.3d 790 (N.Y. 2024) (Court held that the public trust doctrine did not apply.) Text
3649 Erie, LLC v. Onondaga County Industrial Development Agency, 232 A.D.3d 1231, 220 N.Y.S.3d 540 (N.Y. 2024) (Court held that the agency’s review under the SEQRA was not improperly deferred.) Text
Greenidge Generation LLC v. New York State Department of Environmental Conservation, 86 Misc.3d 338, 223 N.Y.S.3d 846 (N.Y. 2025) (Court held the crypto company failed to exhaust its administrative remedies concerning the Supremacy Clause claim.) Text
Clean Air Coalition of Western New York, Inc. v. New York State Public Service Commission, 85 Misc.3d 665, 223 N.Y.S.3d 837 (N.Y. 2024) (Action against Public Service Commission.) Text
Elizabeth Street Garden, Inc. v. City of New York, 42 N.Y.3d 992, 246 N.E.3d 894 (N.Y. Ct. App. 2024) (Court held that the city department took the hard look required under the SEQRA.) Text
Town of Cambria v. New York Office of Renewable Energy Siting, 228 A.D.3d 1336, 214 N.Y.S3d 273 (N.Y. 2024) (Court held that the denial determination was not arbitrary, capricious, or an abuse of discretion.) Text
Binghamton Plaza, Inc. v. City of Binghamton, 228 A.D.3d 1041, 214 N.Y.S.3d 201 (N.Y. 2024) (Court held that the city property segmented the redevelopment under SEQRA.) Text
Sierra Club v. New York State Department of Environmental Conservation, 227 A.D.3d 722, 210 N.Y.S.3d 280 (N.Y. 2024) (Court held that the Department complied with the requirements of SEQRA in granting the water withdrawal permit.) Text
Clean Air Coalition of Western New York, Inc. v. New York State Public Service Commission, 226 A.D.3d 108, 207 N.Y.S.3d 221 (N.Y. 2024) (Court held that the environmental advocacy groups challenge to the Public Service Commission’s determination was ripe for judicial review.) Text
Matter of Renew 81 for All for Fowler v. New York State Department of Transportation, 224 A.D.3d 1273, 204 N.Y.S.3d 666 (N.Y. 2024) (The court held that the denial of the request for a SEIS was arbitrary and capricious.) Text
Boise v. City of Plattsburgh, 219 A.D.3d 1050, 195 N.Y.S. 3d 307 (N.Y. 2023) (Court held that the planning board took a hard look at the environmental impacts of a subdivision and site plan approval on the common loon.) Text
Long Island Pure Water, Ltd. v. New York State Department of Health, 209 A.D.3d 1128, 177 N.Y.S.3d 376 (N.Y. 2022) (Challenge to the maximum contaminant level rule for public water supplies.) Text
Sierra Club v. Town of Torrey, 75 Misc.3d 523, 167 N.Y.S.3d 727 (N.Y. 2022) (Judicial review of grant of permits to construct a cryptocurrency-mining facility.) Text
Biggs v. Eden Renewables LLC, 188 A.D.3d 1544, 137 N.Y.S.3d 515 (N.Y. 2020) (Challenge the issuance of special use permit to construct a solar energy system.) Text
Troy Sand & Gravel Co., Inc. v. Town of Sand Lake, 185 A.D.3d 1306, 128 N.Y.S.3 677 (N.Y. App. Div. 2020) (Challenge to annul a new zoning map and revised zoning districts and the allowance of mining on properties with existing permits.) Text
Hohman v. Town of Poestenkill, 179 A.D.3d 1172, 115 N.Y.S.3d 572 (N.Y. 2020) (The Court held that the town board’s declaration that the acquisition of nature preserve would have no adverse environmental impact was lawful and proper.) Text
New York v. U.S. Dep’t. of Agric., 454 F.Supp.3d 297 (S.D.N.Y. 2020) (alleging violation of substantive and procedural requirements for APA) Text
Spence v. New York State Dep’t of Agric. & Markets, 61 Misc. 3d 337, 84 N.Y.S.3d 305 (N.Y. Sup. Ct. 2016) (judicial review) Text
Brown v. N.Y. State Racing and Wagering Bd., 871 N.Y.S.2d 623 (N.Y. App. Div. 2009) (enjoining agency action) Text
Humane Soc’y of U.S. v. Brennan, 861 N.Y.S.2d 234 (N.Y. App. Div. 2008) (freedom of information request) Text
Humane Soc’y of U.S. v. Empire State Dev. Corp., 53 A.D.3d 1013 (N.Y. App. Div. 2008) (lack of taxpayer standing) Text
NORTH CAROLINA
North Carolina Department of Environmental Quality, Division of Energy, Mineral, and Land Resources v. Wake Stone Corporation, 299 N.C.App. 403 (N.C. Ct. App. 2025) (Judicla review challenging ALJ’s denial of motions to intervene in a mining company’s contested hearing and issue on modifying the mining company’s permit.) Text
Ashe County v. Ashe County Planning Board, 387 N.C. 159 (N.C. 2025) (Review of grant of application to operate an asphalt plant.) Text
Brown v. North Carolina Department of Environmental Quality, 298 N.C.App. 634, 917 S.E.2d 252 (N.C. Ct. App. 2025) (Action against North Carolina Forest Service for paying overtime to employees.)
Devonwood-Loch Lomond Lake Association., Inc. v. City of Fayetteville, 296 N.C. App. 26, 908 S.E.2d 66 (N.C. Ct. App. 2024) (Action against the city for storm water system discharge onto dry lake beds.) Text
Arter v. Orange County, 386 N.C. 352, 904 S.E.2d 715 (N.C. Ct. App. 2024) (Court held that the zoning ordinances concerning land-use buffers did not require a buffer.) Text
Sound Rivers, Inc. v. N.C. Department of Environmental Quality, 385 N.C. 1, 891 S.E.2d 83 (N.C. 2023) (Petition for judicial review of the ALJ’s issuance of a NPDES permit.) Text
Dellinger v. Lincoln County, 266 N.C. App. 275, 832 S.E.2d 172 (N.C. Ct. App. 2019) (Petition to review decision denying a conditional use permit to install a solar energy facility.) Text
Innovative 55, LLC v. Robeson County, 253 N.C.App. 714, 801 S.E.2d 671 (N.C. Ct. App. 2017) (Court held that the objections and concerns from the neighboring community members was insufficient to support the County Board of Commissioners denial of a conditional use permit for a solar farm.) Text
House of Raeford Farms, Inc. v. North Carolina Department of Environment and Natural Resources, 242 N.C. App. 294, 774 S.E.2d 911 (N.C. Ct. App. 2015) (Judicial review of civil penalty against chicken processing facility.) Text
Stark v. N.C. Department of Environment and Natural Resources, Div. of Land Resources, 224 N.C. App. 491, 736 S.E.2d 553 (N.C. Ct. App. 2012) (Review of Mining Commission’s decision to grant a quarry operator permit to increase the area disturbed by mining operations.) Text
Beroth Oil Co. v. North Carolina Department of Transportation, 220 N.C.App. 419, 725 S.E.2d 651 (N.C. Ct. App. 2012) (Action alleging inverse condemnation.) Text
L & S Water Power, Inc. v. Piedmont Triad Regional Water Authority, 211 N.C. App. 148, 712 S.E.2d 146 (N.C. Ct. App. 2011) (The Court held that the permanent decreased water flow I the river was a compensable taking.) Text
Wallace Farm, Inc. v. City of Charlotte, 689 S.E.2d 922 (N.C. Ct. App. 2010) (request for records related to landowners’ farm) Text
OHIO
In re Letter of Notification Application of Columbia Gas of Ohio, Inc., 176 Ohio St. 3d 548 (Ohio, 2024) (Court held the Power Siting Board did not give “artificial deference” to pipeline company about the safety concerns.) Text
In re Application of Moraine Wind, LLC, 177 Ohio St.3d 112 (Ohio, 2024) (Appeal order of PUCO approving out-of-state wind farm operators certification.) Text
Snodgrass v. Harris, 176 Ohio St.3d 394 (Ohio, 2024) (Judicial review of BTA dismissal of auditor’s appeal of determination concerning value of pipeline.) Text
State ex rel. AWMS Water Solutions, LLC v. Mertz, 253 N.E.3d 660, 2024-Ohio-4451 (Ohio Ct. App., 2024) (Court held that the operator’s injection of wastewater brine into wells was not a public or a private nuisance.) Text
In re Application of Alamo Solar I, LLC, 174 Ohio St.3d 143, 235 N.E.3d 372 (Ohio, 2023) (Appeal of the Ohio Power Sitting Board’s approval of solar farm’s construct applications.) Text
Dalton G. Bixler 2016 Trust v. Tuscarawas County Board of Revision, 221 N.E.3d 862, 2023-Ohio-2455 (Ohio Ct. App. 2023) (Court held that the general definition statute governs the interpretation of the term “agricultural” under the current-agricultural-use-value property tax program.) Text
Dovetail Energy, LLC v. Bath Township Board of Zoning Appeals, 183 N.E.3d 602, 2022-Ohio-92 (Ohio Ct. App. 2022) (Review of BZA’s affirmance of the townships authority to determine the land use was industrial but was zoned for agricultural use.) Text
Verbillion v. Enon Sand and Gravel, LLC, 180 N.E.3d 638, 2021-Ohio-3850 (Ohio Ct. App. 2021) (Challenge to gravel company’s surface mining permit.) Text
State ex rel. AWMS Water Solutions, LLC v. Mertz, 162 Ohio St.3d 400, 165 N.E.3d 1167 (Ohio, 2020) (Writ of mandamus filed by saltwater injection well operator.) Text
State ex rel. Yost v. Osborne Co., Ltd., 154 N.E.3d 183, 2020-Ohio-3090 (Ohio Ct. App. 2020) (Allege violations of the Water Pollution Control Act from operating track hoe in the river.) Text
American Water Management Services, LLC v. Division of Oil & Gas Resources Management, 118 N.E.3d 385, 2018-Ohio-3028 (Ohio Ct. App. 2018) (The court held that the trial court’s order creating a new board exceeded the trial court’s statutory authority.) Text
Niedziewcki v. Swancreek Water District, 117 N.E.3d 894, 2018-Ohio-2865 (Ohio Ct. App. 2018) (Court held that the water district did not have to include findings to show their compliance with the EPA standards.) Text
Shelly Materials, Inc. v. City of Streetsboro Planning and Zoning Commission, 104 N.E.3d 1, 2017-Ohio-9342 (Ohio Ct. App. 2017) (Appeal of denial of mining company’s application for a conditional use permit.) Text
Morgan v. Butler, 85 N.E.3d 1188, 2017-Ohio-816 (Ohio Ct. App., 2017) (EPA sought judicial review of Environmental Review Appeals Commission determination.) Text
Am. Water Mgt. Servs., LLC v. Div. of Oil & Gas Resources Mgt., 64 N.E.3d 482, 2016-Ohio-2860 (Ohio Ct. App. 2016) (Review of Ohio Oil & Gas Commission decision.) Text
Wallace v. Nally, 2015-Ohio-497, 2015 WL 530303 (Ohio Ct. App. 2015) (Appeal of Director of Ohio EPA.) Text
Shamockery, LLC v. Olmsted Twp. Board of Zoning Appeals, 2014-Ohio-3422, 2014 WL 3867488 (Ohio Ct. App. 2014) (Appeal of BZA decision to deny application to use propery for beekeeping.) Text
State ex rel. Atty. Gen. of Ohio v. State Line Agri, Inc., 2011-Ohio-2191, 2011 WL 1753327 (Ohio Ct. App. 2011) (Action against agricultural company to impose fines for permit violations.)
Monroe v. Korleski, 2011-Ohio-1784, 2011 WL 1486093 (Ohio Ct. App. 2011) (Appeal decision of Ohio EPA to issue permit.) Text
A & Q Mkt., Inc. Liquor Control Comm’n, 2009 Ohio 5783, No. 09AP-283 (Nov. 3, 2009) (jurisdiction of state commission) Text
Ohio Fresh Eggs, L.L.C. v. Boggs, 183 Ohio App.3d 511, 917 N.E.2d 833 (Ohio Ct. App. 2009) (denial of attorneys’ fees for unreasonable permit revocation) Text
Egbert v. Ohio Dep’t of Agric., 2008 Ohio 5309, No. 17-08-15 (Ohio Ct. App. Oct. 14, 2008) (revocation of license to sale livestock) Text
U.S. v. Childers, 789 N.E.2d 691 (Ohio Ct. App. 2003) (exhaustion of remedies)
OKLAHOMA
Leo v. Oklahoma Water Resources Board, 536 P.3d 939, 2023 OK 96 (Okla. 2023) (Judicial review of OK Water Resources Board’s final order allowing a city to diver stream water from a river.) Text
Farris v. Masquelier, 524 P.3d 942, 2022 OK 91 (Okla. 2022) (Action against upstream property owners brought by downstream property water owners.) Text
Magnum Energy, Inc. v. Board of Adjustment for City of Norman, 510 P.3d 818, 2022 OK 26 (Okla. 2022) (Appeal decision of city board of adjustment that denied a oil and gas operators’ application for ordinance variance.) Text
SouthStar Exploration, LLC v. Corporation Commission, 510 P.3d 187, 2022 OK Civ App 9 (Okla Ct. Civ. App. 2022) (Appeal Corporation Commission determination establishing participation costs under a pooling order.) Text
Citizens for Protection of Arbuckle-Simpson Aquifer v. Oklahoma Department of Mines, 437 P.3d 1074, 2019 OK Civ App 17 (Okla. Ct. Civ. App. 2018) (Review of Department of Mines decision approving a non-coal surface mine.) Text
Osage Nation v. Board of Commissioners of Osage County, 394 P.3d 1224, 2017 OK 34 (Okla. 2017) (Challenge of permits approved for a wind energy facility.) Text
Taylor v. Oklahoma Water Re4sources Board, 368 P.3d 436, 2015 OK Civ App. 99 (Okla. Ct. Civ. App. 2015) (Court held that the Okla. Water Resources Board improperly denied the property owner’s petition.) Text
B & W Operating, LLC v. Corporation Com’n of State, 362 P.3d 227, 2015 OK Civ. App. 88 (Okla. Ct. Civ. App. 2015) (The court held that the proposed wellbore process was not “just and reasonable” plan.) Text
Material Service Corp. v. Town of Fitzhugh, 343 P.3d 624, 2015 OK Civ App. 13 (Okla. Ct. Civ. App. 2014) (Challenge to town’s zoning ordinance the bans a company’s proposed operation of a limestone quarry.) Text
Rural Water v. City of Guthrie, 325 P.3d 1, 2014 OK Civ App. 48 (Okla. Civ. Ct. App. 2013) (Court held that the city was not required to sell surplus treated water to district.) Text
Morgan v. Oklahoma Corp. Com’n, 274 P.3d 832, 176 Oil & Gas Rep. 99 (Okla. Ct. Civ. App. 2011) (Review sough of the Okla. Corporation Commission’s decision striking surface estate owners motion to dismiss.) Text
Hoover v. Boone Operating, Inc., 274 P.3d 815, 175 Oil & Gas Rep. 943 (Okla. Ct. Civ. App. 2011) (Appeal of Okla. Corp. Commission order by surface owner and salvager.) Text
In re Canadian River Land & Cattle Co., 2011 OK CIV APP 117, 269 P.3d 40 (Okla. Ct. App. 2011) (judicial review of license) Text
OREGON
Central Oregon LandWatch v. Jefferson County, 347 Or.App. 454 (Or. Ct. App., 2026) (Judicial review of LUBA final order remanding approval of application for comprehensive plan map amendment and changes to range land.) Text
Central Oregon LandWatch v. Deschutes County, 347 Or.App. 287 (Or. Ct. App., 2026) (Judicial review of LUBA final order concerning agricultural and exclusive farm use zoning.) Text
Northwest Environmental Defense Center v. City of Portland, 344 Or.App 678 (Or. Ct. App. 2025) (Review of LUBA determination.). Text
Redside Restoration Project One, LLC v. Deshutes County, 344 Or.App. 383, 581 P.3d 501 (Or. Ct. App. 2025) (Petition to review final order of LUBA upholding the redesignation of land from agriculture to rural residential.) Text
East Valley Water District v. Oregon Water Resources Commission, 374 Or. 148, 574 P.3d 453 (Or. 2025) (Judicial review of final order of Water Resources Commission.) Text
Friends of Yamhill County v. Yamhill County, 373 Or. 790, 572 P.3d 278 (Or. 2025) (Judicial review of LUBA upholding approval of permit on land zoned for exclusive farm use.) Text
Hayes Oyster Company v. Oregon Department of Environmental Quality, 338 Or.App. 692, 566 P.3d 662 (Or. Ct. App. 2025) (Judicial review of Department of Environmental Quality permit issued.) Text
Jack Scott Farms, Inc. v. Department of State Lands, 336 Or. App. 139, 561 P.3d 103 (Or. Ct. App. 2024) (Judicial review of final order from the Department of State Lands.) Text
Ferguson Creek Investment, LLC v. Lane County, 335 Or.App, 277, 558 P.3d 431 (Or. Ct. App. 2024) (Judicial review of Land Use Board of Appeals decision concerning property zoned for exclusive farm use.) Text
Fort Klamath Critical Habitat Landowners, Inc. v. Woodcock, 334 Or.App. 509, 557 P.3d 543 (Or. Ct. App. 2024) (Challenge to order from the Oregon Water Resources Department concerning water rights.) Text
Confederated Tribes of the Warm Springs Reservation of Oregon v. Deshutes County, 332 Or.App. 361, 550 P.3d 443 (Or. Ct. App. 2024) (Judicial review of LUBA decision.) Text
State ex rel Elitextrx, LLC v. Siegel, 331 Or.App. 91, 545 P.3d 1269 (Or. Ct. App. 2024) (Requesting the county to issue a land-use-compatibility statement.) Text
Tylka v. Clackamas County, 330 Or.App. 247, 543 P.3d 743 (Or. Ct. App. 2024) (Judical review of order from LUBA.) Text
Bridge Creek Ranch, LLC v. Oregon Water Resources Department, 329 Or.App. 568, 541 P.3d 920 (Or. Ct. App. 2023) (Court held that the OWRD appeal was not moot.) Text
Manchester Solar, LLC v. Yamhill County, 328 Or. App. 554, 538 P.3d 223 (Or. Ct. App. 2023) (Petition for review of LUBA decision concerning a solar farm project.) Text
WaterWatch of Oregon, Inc. v. Water Resources Department, 324 Or.App. 362, 527 P.3d 1 (Or. Ct. App. 2023) (Judicial review of orders from the Water Resources Department.) Text
Gould v. Deshutes County, 322 Or.App. 340, 520 P.3d 433 (Or. Ct. App. 2022) (Judicial review of LUBA concerning an exclusive farm use zoned property.) Text
Golden Rule Farms, Inc. v. Oregon Water Resources Department, 321 Or.App. 43, 515 P.3d 908 (Or. Ct. App. 2022) (Court held that the groundwater permit holders failed to exhaust administrative remedies.) Text
Nicita v. City of Oregon City, 317 Or.App. 709, 507 P.3d 804 (Or. Ct. App. 2022) (Review of LUBA order affirming city’s adoption of the ordinances concerning stormwater master plan.) Text
Waterwatch of Oregon v. Water Resources Department, 369 Or. 71, 501 P.3d 507 (Or. 2021) (Petition for review of WRD’s approval of lease renewal.) Text
Hayes Oyster Company v. Department of Environmental Quality, 316 Or.App. 186, 504 P.3d 15 (Or. Ct. App. 2021) (Challenge the DEQ order establishing a TMDL of bacteria in the watershed.) Text
Central Oregon LandWatch v. Deshutes County, 315 Or.App. 673, 501 P.3d 1121 (Or. Ct. App. 2021) (Review of LUBA order concerning rezone of property from agricultural and exclusion farm use to rural industrial.) Text
Matter of Eric Schneider Water Well Constructor License 1988, 314 Or.App. 643, 499 P.3d 869 (Or. Ct. App. 2021) (Judicial review of OWRD denial of monitoring-well endorsement for water-well constructor’s license.) Text
Royal Blue Organics v. City of Springfield, 310 Or.App. 518, 487 P.3d 440 (Or. Ct. App. 2021) (Review of order from LUBA order affirming approval of application for hillside development permit.) Text
Central Oregon Landwatch v. Deshutes County, 301 Or.App. 701, 457 P.3d 369 (Or. Ct. App. 2020) (Judicial review of LUBA order concerning redesignating property from surface mining use to rural residential and agricultural uses.) Text
Stop the Dump Coalition v. Yamhill County, 364 Or. 432, 435 P.3d 698 (Or. 2019) (Judicial review of LUBA order concerning solid waste landfill.) Text
1000 Friends of Oregon v. Jackson County, 292 Or.App. 173, 423 P.3d 793 (Or. Ct. App. 2018) (Review sought of LUBA decision to reverse county’s approval of construction of solar power generation facility.) Text
Willamette Water Co. v. Waterwatch of Oregon, Inc., 288 Or.App. 778, 407 P.3d 923 (Or. Ct. App. 2017) (Judicial review of a final order concerning a permit to divert water from a river.) Text
Eastern Oregon Mining Association v. Department of Environmental Quality, 285 Or.App. 821, 398 P.3d 449 (Or. Ct. App. 2017) (Judicial review of DEQ issuance of a small suction dredge mining permit.) Text
Stop the Dump Coalition v. Yamhill County, 284 Or.App. 470, 391 P.3d 932 (Or. Ct. App. 2017) (Judicial review of a LUBA order concerning the expansion of a solid waste landfill.) Text
Howard Grabhorn and Grabhorn, Inc. v. Washington County, 279 Or.App. 197, 379 P.3d 796 (Or. Ct. App. 2016) (Judicial review of LUBA order concerning a composting facility.) Text
Hardy v. State Land Board, 274 Or.App. 262, 360 P.3d 647 (Or. Ct. App. 2015) (Judicial review of Board’s declaration of ownership of riverbed and banks.) Text
WaterWatch of Oregon, Inc. v. Water Resources Dept., 268 Or.App. 187, 342 P.3d 712 (Or. Ct. App. 2014) (Judicial review of orders from Water Resources Department granting an time extension to perfect water rights under permits for water diversions.) Text
Bradley v. State, ex rel. Department of Forestry, 262 Or.App. 78, 324 P.3d 504 (Or. Ct. App. 2014) (Review of decision of Or. Department of Forestry that denied the owners petition to acquire road access to landlocked property over state land.) Text
Barkers Five, LLC v. Land Conservation and Development Commission, 261 Or.App. 259, 323 P.3d 368 (Or. Ct. App. 2014) (Review of order of the Land Conservation and Development Commission.) Text
WaterWatch of Oregon, Inc. v. Water Resources Dept., 259 Or.App. 717, 316 P.3d 330 (Or. Ct. App. 2013) (Judicial review of Water Resources Department’s time extension for city to perfect its water rights.) Text
Inbound, LLC v. Dep’t. of Forestry, 252 P.3d 336 (Or. Ct. App. 2011) (determining a letter from the Department of Forestry was not a final order for judicial review) Text
Hawes v. State, 125 P.3d 778 (Or. Ct. App. 2005) (agreement with EPA was not “final order” that was judicable reviewable) Text
SOUTH CAROLINA
South Carolina Coastal Conservation League v. South Carolina Department of Health and Environmental Control, 443 S.C. 80, 901 S.E.2d. 706 (S.C. Ct. App. 2024) (Review sought of permit issued to construct anti-erosion structures on beach.) Text
Town of Arcadia Lakes v. South Carolina Department of Health and Environmental Control, 433 S.C. 47, 855 S.E.2d 325 (S.C. Ct. App. 2021) (Appeal decision of Admin. Law Court grating attorneys fees to developer.) Text
Town of Arcadia Lakes v. South Carolian Department of Health and Environmental Control, 404 S.C. 515, 745 S.E.2d 385 (S.C. Ct. App. 2013) (Contested hearing requested concerning stormwater discharges.) Text
Berry v. South Carolina Department of Health and Environmental Control, 402 S.C. 358, 742 S.E.2d 2 (S.C. 2013) (Judicial review of enforcement order from DHEC assessing penalty for violating conditions of permit and requiring owners to restore impacted portion of critical area.) Text
Dreher v. South Carolina Dept. of Health and Environmental Control, 399 S.C. 259, 730 S.E.2d 922 (S.C. Ct. App. 2012) (Court held that the property at issue was part of the island.) Text
Risher v. South Carolina Department of Health and Environmental Control, 393 S.C. 198, 712 S.E.2d 428 (S.C. 2011) (Court held that the administrative law court did not abuse its discretion when it denied the permit request to build a bridge.) Text
Bailey v. South Carolina Dept. of Health, 388 S.C. 1, 693 S.E.2d 426 (Challenge DHEC decision to issue permit to property owner for modification of private recreational dock.) Text
McMillan v. S.C. Dep’t of Agric., 364 S.C. 60, 611 S.E.2d 323 (Ct. App. 2005), rev’d, 380 S.C. 212, 670 S.E.2d 368 (2008) (action for recovery of losses) Text
SOUTH DAKOTA
Matter of McCook Lake Recreation Area Association’s Petition for Declaratory Ruling Regarding Appropriative Permits and Shoreline Alterations, 26 N.W.3d 711, 2025 S.D. 53 (S.D. 2025) (Court held that the construction of a canal would not result in the “appropriation” of water from the lake.) Text
Pallansch v. Roberts County, 26 N.W.3d 337 (N.D. 2025) (Ag landowners challenging property tax assessment of land subject to perpetual wetlands reserve easements.) Text
MRose Development Co., LLC v., Turner County Board of County Commissioners, 7 N.W.3d 685, 2024 S.D. 28 (S.D. 2024) (Court held the zoning ordinance did not mandate that the landowner’s property be zoned lake residential from agricultural.) Text
Dakota Constructors, Inc. v. Hanson County Board of Adjustment, 994 N.W.2d 222, 2023 S.D. 38 (S.D. 2023) (Challenge the conditions attached to a conditional use permit.) Text
Little v. Hanson County Drainage Board, Hanson County, 981 N.W.2d 657, 2022 S.D. 63 (S.D. 2022) (Action against county drainage board for failure to follow approval procedures.) Text
McLaen v. White Township, 974 N.W.2d 714, 2022 S.D. 26 (S.D. 2022) (Appeal of townships denial of the approval of a drainage project.) Text
Hostler v. Davison County Drainage Commission, 974 N.W.2d 415, 2022 S.D. 24 (S.D. 2022) (Downstream neighbor appeal a drainage commission’s approval of permits to install drain tile on farmland.) Text
Ehlebracht v. Crowned Ridge Wind II, LLC, 972 N.W.2d 477, 2022 S.D. 19 (S.D. 2022) (Appeal Public Utilities Commission granting permit for construction of wind energy farm.) Text
Sierra Club v. Clay County Board of Adjustment, 959 N.W.2d 615, 2021 S.D. 28 (S.D. 2021) (Judicial review of issuance of CAFO permit.) Text
Holborn v. Deuel County Board of Adjustment, 955 N.W.2d 363, 2021 S.D. 6 (S.D. 2021) (Challenge special exception permits to develop wind energy systems.) Text
Powers v. Turner County Board of Adjustment, 951 N.W.2d 284, 2020 S.D. 60 (S.D. 2020) (challenge county board’s issuance of CAFO permit.) Text
Carmody v. Lake County Board of Commissioners, 938 N.W.2d 433, 2020 S.D. 3 (S.D. 2020) (Review of approval of drainage permits.) Text
Matter of Drainage Permit 11-81, 922 N.W.2d 263, 2019 S.D. 3 (S.D. 2019) (Appeal of approval of drainage permits.) Text
Croell Redi-Mix, Inc. v. Pennington County Board of Commissioners, 905 N.W.2d 344, 2017 S.D. 87 (S.D. 2017) (Judicial review of decision concerning expanding an existing mining operation.) Text
Grant County Concerned Citizens v. Grant County Board of Adjustment, 866 N.W.2d 149, 2015 S.D. 54 (S.D. 2015) (Judicial review of decision to approve permit for a CAFO.) Text
In re Conditional Use Permit No. 13-08, 855 N.W.2d 836, 2014 S.D. 75 (S.D. 2014) (Appeal of approval of a condition use permit for an agronomy facility.) Text
Krsnak v. South Dakota Department of Environment and Natural Resources, 824 N.W.2d 429, 2012 S.D. 89 (S.D. 2012) (Court held that the district did not have a duty to obtain a construction permit for a wastewater treatment expansion project.) Text
A.M. Farms v. County of Codington, 765 N.W.2d 550 (S.D. 2009) (duty to follow proper disaster declaration procedures is discretionary) Text
TEXAS
Save Our Springs Alliance, Inc. v. TCEQ, 713 S.W.3d 308, (Tex. 2025) (Challenge to order of TCEQ granting a permit to discharge treated wastewater into a creek.) Text
Texas Commission on Environmental Quality v. Friends of Dry Comal Creek, 669 S.W.3d 506, 2023 WL 2733426 (Tex. Ct. App. 2023) (Review of Texas Commission on Environmental Quality concerning an air permit.) Text
Texas Commission on Environmental Quality v. Save Our Springs Alliance, Inc., 668 S.W.3d 710, 2022 WL 17659907 (Tex. Ct. App. 2022) (Review of order that approved a TPDES permit.) Text
Dyer v. Texas Commission on Environmental Quality, 646 S.W.3d 498, 65 Tex. Sup. Ct. J. 1358 (Tex. 2022) (Challenge order granting permits to construct underground injection control wells.) Text
Pape Partners, Ltd. v. DRR Family Properties LP, 645 S.W.3d 267, 65 Text. Sup. Ct. J. 1144 (Text, 2022) (Court held that the TCEQ lacked the jurisdiction to decide conflicting claims of ownership to surface-water rights.) Text
Pape Partners, Ltd. v. DRR Family Properties LP, 623 S.W.3d 436, 2022 WL 499639 (Tex. Ct. App. 2020) (Challengers needed to exhaust administrative remedies with the TCEQ before bringing the action.) Text
Owen v. Fed. Crop Ins. Corp., 2020 WL 5913668 (S.D. Tex., 2020) (finding that final agency decision relating to the federal crop insurance program was arbitrary and capricious) Text
Texas Dep’t of Agric. v. Wild Boar Meats, L.L.C., No. 03-17-00514-CV, 2018 WL 3748677, at *1 (Tex. App. Aug. 8, 2018) Text, review denied (May 31, 2019) (claims for injunctive and declaratory relief)
VERMONT
In re Holland Cannabis, LLC, 350 A.3d 397 (Vt. 2025) (Appeal of revocation of cannabis cultivator’s license to cultivate cannabis for commercial sale on basis that cultivator had used a prohibited pesticide.) Text
In re Lake Bomoseen Association, 2025 VT 59 (Vt. 2025) (Court held the environmental division did not have jurisdiction to hear the appeal.) Text
In re Costco Wholesale Administrative Decision, 346 A.3d 913, 2025 VT 44 (Vt. 2025) (Court held the environmental court had jurisdiction to review the land use issues.) Text
In re SM Farms Shop, LLC, 342 A.3d 862, 2025 VT 33 (Vt. 2025) (Appeal of decision issuing a land use permit for farm owners to construct a farm store.) Text
In re Wheeler Parcel Act 250 Determination, 342 A.3d 836, 2025 VT 28 (Vt. 2025) (Appeal of commissions issuance of a permit to a developer.) Text
In re Ranney Dairy Farm, LLC Major Subdivision Appeal-Westminster DRB Permit No. 21-70, 327 A.3d 886, 2024 VT 66 (Vt. 2024) (Court held that the environmental division had jurisdiction to determine whether the easement existed.)
In re Investigation Pursuant to 30 V.S.A. Sec. 30 & 209, 327 A.3d 789, 2024 VT 58 (Vt. 2024) (Court held that the tree-clearing activity was not pure farming-related activity beyond the Public Utility Commission’s jurisdiction.) Text
In re Snowstone, LLC Act 250 Jurisdictional Opinion, 216 Vt. 216, 274 A.3d 42 (Vt. 2022) (Review sought of state land use district coordinator decision requiring a permit for a quarry.) Text
In re Snowstone LLC Stormwater Discharge Authorization, 214 Vt. 587, 256 A.3d 62 (Vt. 2021) (Court held that the neighboring property owners had standing to appeal the Agency of Natural Resources authorization.) Text
In re Diverging Diamond Interchange SW Permit, 210 Vt. 577, 218 A.3d 564 (Vt. 2019) (Appealing the issuance of stormwater discharge permits.) Text
In re North East Materials Group, LLC/Rock of Ages Corporation Act 250 Permit, 210 Vt. 525, 217 A.3d 541 (Vt. 2019) (Appeal decision denying the permit application for a rock-crushing operation at a stone quarry.) Text
Agency of Natural Resources v. Supeno, 207 Vt. 108, 185 A.3d 1264 (Vt. 2018) (Appeal of penalty levied for permit violations.) Text
In re Vermont Gas Systems, Inc., 205 Vt. 509, 174 A.3d 1253 (Vt. 2017) (Appeal decision of the Public Service Board approving condemnation of easement.) Text
In re Application of Lathrop Ltd. Partnership I, 199 Vt. 19, 121 A.3d 630 (Vt. 2015) (Court held that the sand and gravel extraction was permitted as conditional use in rural agricultural and mixed use zoning district.) Text
In re Chaves A250 Permit Reconsider, 195 Vt. 467, 93 A.3d 69 (Vt. 2014) (Judicial review of local environmental commission determination.) Text
In re Hinsdale Farm, 858 A.2d 249 (Vt. 2004) (lack of jurisdiction by agency) Text
WASHINGTON
Center for Sustainable Economy v. Washington State Department of Natural Resources, 583 P.3d 1188 (Wash. Ct. App. 2026) (Appeal from Board of Natural Resources about a sale of timber from state trust land.) Text
Benton County Water Conservancy Board v. Washington State Department of Ecology, 3 Wash.3d 59, 546 P.3d 394 (Wash. 2024) (Petition under APA challenging denial of applications for administrative division of water rights.) Text
Reser v. Pollution Control Hearings Board, 28 Wash. App.2d 434, 541 P.3d 992 (Wash. Ct. App. 2023) (judicial review of Pollution Control Hearings Board dismissal of administrative appeal.) Text
Burbank Irrigation District #4 v. Washington Department of Ecology, 27 Wash. App.2d 760, 534 P.3d 833 (Wash. Ct.App. 2023) (Review of Pollution Control Hearings Board decision.) Text
Benton County Water Conservancy Board v. Washington State Department of Ecology, 25 Wash. App.2d 717, 524 P.3d 1075 (Wash. Ct. App. 2023) (Petition under APA against Department of Ecology.) Text
Fode v. Department of Ecology, 22 Wash.App.2d 22, 509 P.3d 325 (Wash. Ct. App. 2022) (Wash. Ct. App. 2022) (Farmer appeals administrative orders from Department of Ecology.) Text
National Parks Conservation Association v. Washington Department of Ecology, 12 Wash.App.2d 977, 460 P.3d 1107 (Wash. Ct. App. 2020) (Judicial review of Pollution Control Hearings Board decision.) Text
Northwest Alloys, Inc. v. Department of Natural Resources, 10 Wash.App.2d 169, 447 P.3d 620 (Wash. 2019) (Court held that the Department of Natural Resources decision to deny consent to sublease state-owned aquatic lands was not arbitrary or capricious.) Text
Futurewise v. Snohomish County, 9 Wash.App.2d 391, 44 P.3d 1228 (Wash. Ct. App. 2019) (Appeal from Growth Management Hearing Board’s decision.) Text
Bassett v. Department of Ecology, 8 Wash.App.2d 284, 438 P.3d 563 (Wash. Ct. App. 2019) (Challenge of the validity of the administrative rule that regulated use and application of surface and groundwater in the watershed.) Text
Crown West Realty, LLC v. Pollution Contril Hearings Board, 7 Wash.App.2d 710, 435 P.3d 288 (Wash. Ct. App. 2019) (Appeal from Pollution Control Hearings Board’s decision that the water system did not qualify as a municipal water supplier.) Text
Ted Rasmussen Farms v. Dep’t of Ecology, 110 P.3d 823 (Wash. Ct. App. 2005) (agency rule exceeding statutory authority) Text
Littleton v. Whatcom County, 86 P.3d 1253 (Wash. Ct. App. 2004) (invalidation of agency rule) Text
WISCONSIN
Friends of Blue Mound State Park v. Wisconsin Department of Natural Resources, 418 Wis.2d 450, 27 N.W.3d 228 (Wis. Ct. App. 2025) (Wisconsin Environmental Policy Act did not entitle the organization to a contested-case hearing.) Text
Sierra Club v. Wisconsin Department of Natural Resources, 417 Wis.2d 90, 24 N.W.3d 157 (Wis. Ct. App. 2025) (The Court would review ALJ’s decision as the Department’s decision.) Text
Friends of Blue Mound State Park, Wisconsin Department of Natural Resources, 408 Wis.2d 763, 993 N.W.2d 788 (Wis. Ct. App. 2023) (Organization had standing to seek judicial review of the DNR’s denial.) Text
Friends of Black River Forest v. Kohler Company, 402 Wis.2d 587, 977 N.W.2d 342 (Wis. 2022) (The organization lacked standing to seek review of the DNR’s approval of a land swap.) Text
Applegate-Bader Farm, LLC v. Wisconsin Department of Revenue, 396 Wis.2d 69, 955 N.W.2d 793 (Wis. 2021) (The Department of Revenue failed to develop reviewable record concerning the departments negative-EIC decision.) Text
Carlin Lake Association, Inc. v. Carlin Club Properties, LLC, 387 Wis.2d 640, 929 N.W.2d 228 (Wis. Ct. App. 2019) (The landowners had standing and the claim for injunctive relief was ripe.) Text
Munger v. Seehafer, 372 Wis.2d 749, 890 N.W.2d 22 (Wis. Ct. App. 2016) (Action following a petition for judicial review of a DNR decision; Court held the limitations period for intentional torts governs the claim of intentional trespass.) Text
State v. CGIP Lake Partners, LLP, 351 Wis.2d 100, 839 N.W.2d 136 (Wis. Ct. App. 2013) (Held the trial courts denial of injunction was an abuse of discretion.) Text
Rock-Koshkonong Lake Dist. v. State Dept. of Natural Resources, 350 Wis.2d 45, 833 N.W.2d 800 (Wis. 2013) (DNR entitled to consider regulatory wetland water quality standards, evidence of economic impact, impact on adjacent wetlands above ordinary high water mark, and it’s interpretation was not entitled to deference and lacked authority under public trust doctrine.) Text
Waller v. American Transmission Co., LLC, 350 Wis.2d 242, 833 N.W.2d 764 (Wis. 2013) (Not clearly erroneous for lower court to decide that the utility companies’ condemnation resulted in the remaining property being an uneconomic remnant.) Text
Rock-Koshkonong Lake Dist. v. State Dept. of Natural Resources, 336 Wis.2d 677, 803 N.W.2d 853 (Wis. Ct. App. 2011) (Review of a department denial of a petition to raise the water levels of an impounded lake.) Text
Lake Beulah Management Dist. v. State Dept. of Natural Resources, 335 Wis.2d 47, 799 N.W.2d 73 (Wis. 2011) (DNA was required to consider the environmental impact of the proposed well when evidence was presented and the DNR properly complied with the law in issuing the permit.) Text
Adams v. State Livestock Facilities Siting Review Bd., 327 Wis.2d 676, 787 N.W.2d 941 (Wis. Ct. App. 2010) (Judicial review sought of an order from the Livestock Facilities Siting Review Board for the reissuance of a farmer’s conditional use permit to expand a livestock facility without conditions.) Text
Lake Beulah Management District v. State Dept. of Natural Resources, 327 Wis.2d 222, 787 N.W.2d 926 (Wis. Ct. App. 2010) (Review sought of Department of Natural Resources approval of a village’s permit for a high capacity well.) Text
Westport Ins. Corp. v. Appleton Papers Inc., 327 Wis.2d 120, 787 N.W.2d 894 (Wis. Ct. App. 2010) (Paper manufacturer incurred remediation costs under CERCLA; court held the paper manufacturer could commercial general liability exhaust excess policies vertically rather than horizontally.) Text
Metz v. Veterinary Examining Bd., 741 N.W.2d 244 (Wis. Ct. App. 2007) (exhaustion of remedies) Text