A district court denied summary judgment for environmental groups in a challenge to the Forest Service's approval of a proposed mining exploration project on public land in the eastern Sierra Nevadas. The groups argued the Service violated NEPA by relying on two categorical exclusions—for mineral ...
A district court vacated on remand OSM's approval of an underground coal mine expansion in central Montana. Environmental groups initially challenged OSM's 2018 EA for the proposed expansion. The Ninth Circuit held that OSM violated NEPA by failing to provide convincing reasons for its determination...
The Fourth Circuit affirmed summary judgment for the North Carolina Department of Transportation (NCDOT) and FHwA in a challenge to their approval of a toll bridge across North Carolina's Currituck Sound that would connect the northern Outer Banks with the mainland. Environmental and community group...
The Tenth Circuit reversed a district court ruling that affirmed BLM's environmental impact analysis for 370 applications for permits to drill (APDs) for oil and gas in New Mexico's San Juan Basin. Environmental groups argued that BLM's 81 EAs and EA addendum violated NEPA because the Bureau imprope...
A district court granted in part and denied in part cross-motions for summary judgment in a challenge to BLM's approval of a new open-pit phosphate mine in southeast Idaho. Environmental groups argued the approval violated NEPA, FLPMA, and the CWA. The court found BLM failed to adequately consider t...
A district court denied a civil rights group's motion for summary judgment in a challenge to the Federal Highway Administration's (FHwA's) approval of a categorical exclusion for a highway improvement project in Pennsylvania. The group argued the approval violated NEPA. The court found the group fai...
The Fourth Circuit affirmed dismissal of a challenge to CEQ's 2020 final rule that affected how federal agencies conduct reviews under NEPA. Environmental groups filed suit shortly after the rule was promulgated and several weeks before it took effect, bringing nine APA claims and one allegation tha...
A district court granted DOD's motion to dismiss a challenge to its decision to halt fence construction along the U.S.-Mexico border in response to President Biden's proclamation declaring an end to the national border emergency. A corporation that owns land adjacent to the fence argued that DOD's d...
The Biden Administration’s efforts to promote clean energy have prompted calls for permit reform. A clean energy economy demands a global increase in mineral production, and some suggest environmental standards must be loosened. This premise fails to distinguish among causes of delay in the permitting process, and increased demand for minerals should not overshadow the productive purposes served by permitting. At the same time, there are opportunities to improve permitting without compromising health and safety standards.
In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its planned road construction project near Mount St. Helens to address the threat of a nearby lake's potential breach. Environmental groups argued the project violated NEPA and the Nationa...