89 FR 48674
DOI proposed to revise seven categorical exclusions under NEPA in the Bureau of Reclamation’s NEPA implementing procedures.
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Committee for a Constructive Tomorrow v. United States Department of the Interior
A district court denied policy groups' request to preliminarily enjoin construction of a wind energy project off the coast of Virginia. The groups argued the project should be enjoined until NMFS updates its biological opinion to include an analysis of the cumulative effects of other offshore wind p...
Friends of the Inyo v. United States Forest Service
The Ninth Circuit, 2-1, reversed summary judgment for the Forest Service in a challenge to its approval of a mineral exploration project on land in Inyo National Forest. Environmental groups argued the Service violated NEPA by combing two categorical exclusions (CEs) when neither alone could be invo...
Plaquemines Parish v. BP America Production Co.
The Fifth Circuit, 2-1, affirmed two district courts' orders remanding to state court lawsuits brought by Louisiana parishes against various oil and gas companies. The parishes initially sued in state court, arguing the companies violated Louisiana’s State and Local Coastal Resources Management Ac...
89 FR 46682
FERC amended its regulations governing applications for permits to site electric transmission facilities under the Federal Power Act, as amended by the Infrastructure Investment and Jobs Act of 2021, and amended its NEPA procedures.
National Wildlife Refuge Ass'n v. Rural Utilities Service
The Seventh Circuit reversed a district court's preliminary injunction prohibiting approval of a proposed land exchange in Wisconsin for construction of a high-voltage electric transmission line that would run through the Upper Mississippi River National Wildlife and Fish Refuge. The appellate court...
El Puente v. United States Army Corps of Engineers
The D.C. Circuit affirmed summary judgment for the Army Corps of Engineers and NMFS in a challenge to approval of a dredging project in Puerto Rico's San Juan Bay. Environmental groups argued the agencies failed to take the necessary "hard look" at the project's environmental effect. The district co...
89 FR 40477
DOE announced the availability of the preliminary list of potential national interest electric transmission corridors, the designation of which would focus public and policymaker attention on the areas of greatest transmission need and unlock valuable federal financing and permitting tools to advance transmission development.
89 FR 38712
EPA updated the regulatory framework governing the management and protection of environmental, fish and wildlife, other surface resources, and special areas in the National Petroleum Reserve in Alaska.
Nantucket Residents Against Turbines v. U.S. Bureau of Ocean Energy Management
The First Circuit affirmed summary judgment for the Bureau of Ocean Energy Management (BOEM) and NMFS in a challenge to BOEM's approval for construction of a wind power project off the coast of Massachusetts. A group of Nantucket residents argued NMFS violated the ESA by issuing a deficient biologic...