A district court denied environmental groups' motion for summary judgment in a challenge to the Forest Service's approval of a grazing project in the Apache-Sitgreaves and Gila National Forests. The groups argued the Service violated NEPA by failing to take a "hard look" at impacts on Mexican gray w...
Despite five decades of experience, there is a considerable gap in legal and empirical study on the impacts of the National Environmental Policy Act (NEPA). Proponents of reform often claim NEPA litigation is a major obstacle for federal actions; others have concluded litigation is not a major contributor of project cost escalation or delays. This Article studies the incidence and conditions of infrastructure project litigation under NEPA, using a data set of 355 major transportation and energy infrastructure projects that completed a federal environmental study between 2010 and 2018.
The Metals Company (TMC), sponsored by the Republic of Nauru, has made public its intention to be the first company to exploit polymetallic nodules, which contain minerals needed for electric batteries, from the deep ocean’s seabed. Nongovernmental organizations and national governments have objected to these proposed actions, with many calling for an outright ban. This Article offers a case study evaluating the parties’ respective claims in favor of, and in opposition to, permitting the proposed mining activities under the current legal framework.
A district court granted the state of Louisiana's and oil and gas companies' motions to preliminarily enjoin the Bureau of Ocean Energy Management's (BOEM's) withdrawal of six million acres from, and addition of a term to, an oil and gas lease sale on the outer continental shelf in the Gulf of Mexic...
The National Institute of Standards and Technology (NIST) identified categorical exclusions established by DOE under NEPA that cover categories of actions that NIST proposes to take.
DOT adopted DOE’s Electric Vehicle Charging Stations categorical exclusion under NEPA to use in DOT programs and funding opportunities administered by the Department.
A district court dismissed a mining company's challenge to DOI's cancellation of two leases for a proposed copper and nickel mine in Superior National Forest. The company argued the cancellation violated the company's right to successive lease renewals and to be free from government action that is a...
The Ninth Circuit affirmed a district court's denial of a preliminary injunction to halt two projects to thin vegetation in Yosemite National Park in preparation for controlled burns. An environmental group had argued NPS violated NEPA by approving the projects without conducting a full review of th...
The Tenth Circuit affirmed denial of a preliminary injunction in a challenge to the Office of Natural Resources Revenue's (ONRR's) 2016 rule changing how royalties were calculated for oil and natural gas produced on federal land. A trade group argued the rule was arbitrary and capricious, in violati...
A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to the Forest Service's and FWS' approval of a logging project in Kootenai National Forest. The groups argued, among other things, that the Services failed to take a "hard look" at th...