Supreme Court

On July 14, 2026, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service published a final rule rescinding the regulatory definition of “harm,” one of nine terms listed in the Endangered Species Act (ESA)’s definition of “take.”

Continue Reading FWS, NMFS Rescind Longstanding ‘Harm’ Regulatory Definition, Reducing Scope of ESA’s ‘Take’ Prohibition

The U.S. Supreme Court held in Monsanto Co. v. Durnell that FIFRA preempts state-law failure-to-warn claims where the EPA has not required the warning at issue, resolving a circuit split and potentially limiting tort liability for pesticide registrants.

Continue Reading SCOTUS Holds FIFRA Expressly Preempts State Law Failure to Warn Claims

In an 8-0 decision, the U.S. Supreme Court reversed a D.C. Circuit ruling that had blocked construction of a new 88-mile freight railroad line, clarifying the scope of impacts that federal agencies must consider under the National Environmental Policy Act (NEPA).

Continue Reading Landmark Supreme Court Decision Limits NEPA Review Scope: Agencies Granted ‘Substantial Deference’ in Environmental Assessments