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Yaw v. Delaware River Basin Commission

The Third Circuit affirmed dismissal of a challenge to the Delaware River Basin Commission's ban on high-volume hydraulic fracturing in the Delaware River Basin. Pennsylvania state senators, a state caucus, and several municipalities argued the Commission exceeded its authority under the Delaware Ri...

Center for Biological Diversity v. U.S. Bureau of Land Management

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...

NextEra Energy Capital Holdings, Inc. v. Lake

The Fifth Circuit affirmed in part and reversed in part a district court’s dismissal of a lawsuit concerning a 2019 Texas law that allows only owners of existing transmission lines in the state to build, own, or operate new lines that connect to existing lines. A company seeking to enter the state...

National Wildlife Refuge Ass'n v. Rural Utilities Service

A district court denied a request by conservation groups to halt all construction on a transmission line project from Iowa to Wisconsin pending the transmission companies' appeal of a prior order enjoining construction of a section of the line across the Upper Mississippi River National Wildlife and...

Audubon Society of Portland v. Haaland

The Ninth Circuit affirmed summary judgment for FWS in a challenge to its combined EIS and comprehensive conservation plan (CCP) concerning the continued leasing of refuge land for farming in the Klamath Basin National Wildlife Refuge Complex. Environmental groups argued the EIS/CCP violated the Nat...