A district court vacated and remanded BOEM's approval of an oil and gas lease sale covering 80.8 million acres in the Gulf of Mexico. Environmental groups argued that BOEM violated NEPA by failing to include foreign greenhouse gas emissions in its emissions calculation for the "no action" alternativ...
The Fourth Circuit vacated and remanded the Forest Service's and BLM's renewed records of decision (RODs) for an interstate natural gas pipeline to cross through Jefferson National Forest. The groups argued the agencies violated NEPA, the National Forest Management Act (NMFA), and the Mineral Leasin...
An Illinois appellate court set aside the Illinois Commerce Commission's decision to allow the Dakota Access oil pipeline to double its capacity by adding more pumping stations. Environmental groups argued the Commission, in its assessment of the public need for the stations, misinterpreted a prior ...
A district court granted environmental groups' motion to preliminarily enjoin wildfire logging projects in the Willamette National Forest. The groups argued the Forest Service violated NEPA by failing to perform supplemental analysis for the previously approved projects to account for the effects of...
A district court denied Oklahoma's motion for preliminary injunction in a lawsuit concerning OSM's decision to strip the state of its regulatory authority over surface mining on the Muscogee (Creek) Nation's reservation. Oklahoma sought to enjoin OSM from enforcing its decision, arguing that the sta...
A district court granted summary judgment for the Federal Highway Administration (FHwA) in a challenge to FHwA's decision to allow the North Carolina Department of Transportation to construct a toll bridge across Currituck Sound near the Outer Banks. Environmental groups argued the decision relied o...
A district court granted in part summary judgment for environmental groups in a challenge to FWS' and the Forest Service's decisions regarding a logging and prescribed burning project in the Helena-Lewis and Clark National Forest. The groups argued the Services violated the ESA by failing to reiniti...
The Ninth Circuit, 2-1, denied a petition for review challenging FAA's decision that found no significant environmental impact stemming from construction and operation of an air cargo facility at the San Bernardino International Airport. The state of California, environmental groups, a union, and in...
We are told the transition to a zero-carbon economy will depend upon the United States’ ability to assure a sufficient supply of rare earths and minerals such as cobalt, nickel, or lithium. The Biden Administration is intent on promoting some new form of a critical mineral policy, and calls for reforming the 1872 Mining Law have persisted for well over one hundred years. This Article is designed to provoke a meaningful conversation about a critical minerals policy informed by our past.
A district court granted environmental groups' motion to preliminarily enjoin a logging project in the Willamette National Forest in areas affected by wildfires. The groups argued the Forest Service could not use the road repair and maintenance categorical exclusion (CE) to avoid NEPA review of the ...