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Murray Energy Corp. v. Federal Energy Regulatory Comm'n

The D.C. Circuit denied a mining company's petition for review challenging two FERC orders certifying and authorizing the construction of a natural gas pipeline above the mining company's longwall underground coal mine. Longwall mining causes the surface above to subside in a planned, controlled...

Bair v. California Department of Transportation

A district court preliminarily enjoined the California transportation agency's proposal to widen a highway that runs through old-growth redwood trees in Richardson Grove State Park. Environmental groups challenged the project under NEPA, the Department of Transportation Act, the Wild and Scenic Rive...

Kentucky Riverkeeper, Inc. v. Midkiff

A district court dismissed environmental groups' suit for declaratory and injunctive relief challenging the U.S. Army Corps of Engineers' nationwide permitting program, and, specifically, its use throughout the Appalachian region to issue permits for mining activities. The groups alleged CWA, N...

Oceana, Inc. v. Locke

The D.C. Circuit vacated the National Marine Fisheries Service's (NMFS') methodology for tracking bycatch in the fisheries off the Northeastern coast of the United States. The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act, requires the NMF...

West Coast Seafood Processors Assn. v. Natural Resources Defense Council

The Ninth Circuit held that a seafood processor association may not intervene in environmental groups' lawsuit challenging the National Marine Fisheries Service's program to preserve groundfish species off the coast of California, Oregon, and Washington. A lower court denied the association's m...

Guam Preservation Trust v. Gregory

A district court, in an underlying NEPA suit, denied the Navy's request for a voluntary remand for further consideration of the future location of a firing range complex in Guam. Plaintiffs argued that a voluntary remand to the agency is only appropriate where either there have been intervening...