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89 FR 15168

NMFS gave notice that all Middle Columbia River steelhead occurring in all accessible reaches upstream of Round Butte Dam on the Deschutes River in Oregon will be designated as threatened under the ESA when the nonessential experimental population designation and accompanying protective measures expire on January 15, 2025.

Puyallup Tribe of Indians v. Electron Hydro, LLC

A district court granted in part and denied in part a tribe's motion for partial summary judgment in a lawsuit concerning a hydroelectric dam on the Puyallup River in Washington. The tribe argued the dam operator's installation of a temporary rock dam/spillway unlawfully harmed and harassed Chinook ...

Citizens for Clean Energy v. U.S. Department of the Interior

In an unpublished opinion, the Ninth Circuit vacated a district court's judgment reinstating a 2016 moratorium on new coal leasing on public lands that was lifted by a DOI secretarial order in 2017. Environmental groups, several states, and a tribe argued BLM's final EA and FONSI violated NEPA. DOI ...

Public Citizen, Inc. v. Federal Energy Regulatory Commission

The D.C. Circuit dismissed for mootness a nonprofit group's petition to review FERC's determination that a proposed liquefied natural gas facility in Port St. Joe, Florida, fell outside the Commission's jurisdiction under §3 of the Natural Gas Act. The group's members argued they would suffer econo...

Bohon v. Federal Energy Regulatory Commission

The D.C. Circuit on remand reinstated its prior judgment in a challenge to FERC's issuance of a certificate for construction of a natural gas pipeline through the Appalachian Mountains. Property owners in the proposed path sued the pipeline owner in district court, raising constitutional challenges ...

89 FR 14087

BLM announced its intent to revise the Bureau's policies and procedures for compliance with NEPA, various executive orders, and CEQ's NEPA implementing regulations by proposing to remove four administratively established categorical exclusions (CEs) and to incorporate two CEs established by Congress. 

89 FR 13077

EPA adopted DOE's categorical exclusion for methane gas recovery and utilization systems under NEPA. 

89 FR 12980

NMFS listed the Atlantic humpback dolphin as endangered under the ESA. 

89 FR 11750

FWS determined threatened species status under the ESA for the silverspot butterfly from Colorado, New Mexico, and Utah, and issued a rule under §4(d) under the Act to provide for the conservation of the species. 

89 FR 11208

NMFS listed the queen conch as a threatened species under the ESA.