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...
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...
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...
Melone v. Coit
The First Circuit affirmed summary judgment for NMFS in a challenge to the Service's issuance of an incidental harassment authorization (IHA) for construction of a wind power project off the coast of Massachusetts. A part-time Martha's Vineyard resident argued NMFS' determination that the IHA, which...
Center for Biological Diversity v. Regan
A district court denied the state of Florida's motion for a limited stay of the court's prior ruling vacating EPA's approval of Florida's application to assume permitting authority under §404 of the CWA. Environmental groups initially sued, arguing EPA and FWS violated the ESA because neither the p...
Tohono O'odham Nation v. United States Department of Interior
A district court denied tribes' and conservation groups' request to preliminarily enjoin construction of a transmission line through the San Pedro Valley in Arizona. The plaintiffs argued BLM violated the National Historic Preservation Act when it authorized construction to begin without assessing t...
Grand Portage Band of Lake Superior Chippewa v. United States Environmental Protection Agency
A district court denied summary judgment for Native American tribes in a challenge to EPA's approval of Minnesota's 2021 revised water quality standards. The revisions replaced quantitative standards with qualitative narrative standards that describe the characteristics Minnesota waters must have to...
PJM Power Providers Group v. Federal Energy Regulatory Commission
The Third Circuit granted petitions to review FERC orders allowing the administrator of a 2024/2025 capacity auction to apply a new rule retroactively to a pending action to avoid a spike in electricity prices. Electric suppliers and their trade groups argued the orders violated the filed rate doctr...
National Wildlife Federation v. Lohr
A district court granted summary judgment for a conservation group in a challenge to the Natural Resource Conservation Service's (NRCS') 2020 rule regarding certification of maps delineating wetlands. The group argued NRCS changed its policy regarding pre-1996 wetland certifications without exercisi...