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 Third Circuit affirmed a lower court's dismissal of a religious group's challenge to FERC's approval of a natural gas pipeline along land owned by the group. The group argued that the use of its land to facilitate extraction, transportation, and use of fossil fuels violated its religious beliefs...
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In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its planned road construction project near Mount St. Helens to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...
Animal agriculture is one of the leading sources of greenhouse gas emissions. Carbon offset markets allow entities to reduce their overall climate impact by financing projects that decrease emissions elsewhere. This Article analyzes the viability of an offset protocol that credits farms for transitioning from raising livestock to growing crops, based on the difference in emissions between these operations.
A district court denied summary judgment for environmental and tribal groups in a challenge to the Army Corps of Engineers' decision to issue permits under the CWA and the Rivers and Harbors Act for a project to replace sections of an oil pipeline in Minnesota. The groups argued the Corps' decision ...
A district court granted summary judgment for an oil and gas company in a decades-long suit concerning the company's oil lease on land sacred to the Blackfeet Nation in Lewis and Clark National Forest. On the latest remand from the appellate court, the company challenged the Secretary of DOI's 2016 ...
A district court vacated two rights-of-way that BLM issued to a company in 2020 to transport water through an existing gas pipeline across federal lands. Environmental groups sought vacatur, arguing the rights-of-way violated FLPMA, NEPA, and the National Historic Preservation Act (NHPA). BLM agreed...
A district court affirmed DOI’s decision to postpone oil and gas lease sales in the first quarter of 2021 in response to the president’s issuance of Executive Order No. 14008 pausing new lease sales on federal lands. The state of Wyoming and industry groups challenged DOI’s decisions to postpo...
The D.C. Circuit affirmed in part and reversed in part summary judgment for DOI in a challenge to a supplemental EIS that BOEM prepared for two oil and gas lease sales in 2018. Three environmental groups had argued that BOEM failed to assess a true “no action” alternative because it assumed ener...