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Annual Supreme Court Review and Preview

The U.S. Supreme Court's October Term 2022 had major implications for environmental law, including its most significant Clean Water Act decision ever. Upcoming cases in October Term 2023 have the potential to be just as impactful. On September 25, 2023, the Environmental Law Institute hosted a panel of experts who provided an overview of key rulings and major take-aways from the Court’s prior term, and discussed cases that have been granted review or are likely to be considered by the justices in the upcoming term.

88 FR 89309

EPA adjusted the level of the maximum and minimum statutory civil monetary penalty amounts under the statutes it administers.

Sovereign Iñupiat for a Living Arctic v. Bureau of Land Management

A district court denied Indigenous and environmental groups' motion for injunction pending appeal of their challenge to BLM's approval of an oil and gas development project in the National Petroleum Reserve-Alaska. The groups initially sought to preliminarily enjoin construction through the remainde...

Earth Island Institute v. United States Forest Service

The Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its approval of a logging project in Inyo National Forest. Environmental groups argued the Service failed to adequately consider alternatives, failed to solicit public comments following its 2018 EA, and failed to s...

88 FR 85838

OSM approved, with two deferrals, an amendment to the Virginia regulatory program under SMCRA.

Inclusive Louisiana v. St. James Parish

A district court dismissed a civil rights challenge to St. James Parish's adoption of a land use plan in 2014. Nonprofit and religious groups argued their members were residents of the Parish descended from formerly enslaved people whose civil liberties, property rights, and religious rights were vi...

88 FR 83694

The Bureau of Safety and Environmental Enforcement proposed to incorporate certain documents by reference—Production Measurement Industry Standards and Safety Industry Standards, including one International Organization for Standardization/International Electrotechnical Commission standard—into the regulations governing oil, gas, and sulfur operations on the outer continental shelf.

Louisiana v. Haaland

The Fifth Circuit dismissed intervening environmental groups' challenge to a district court order requiring the Bureau of Ocean Energy Management (BOEM) to hold an oil and gas lease sale on the outer continental shelf in the Gulf of Mexico. The state of Louisiana and oil companies initially sued BOE...

88 FR 80298

EPA adopted a Bureau of Indian Affairs’ categorical exclusion for waste management activities involving remediation of hazardous waste sites under NEPA for use by EPA’s Contaminated Alaska Native Claims Settlement Act Lands Assistance Program.

88 FR 78747

EPA announced the availability of and seeks comment on a draft policy that updates the Agency’s 2003 Public Involvement Policy.