In an unpublished order, the Fifth Circuit, 2-1, stayed EPA's disapproval of SIPs submitted by Texas and Louisiana following the Agency's 2015 revision to the ozone NAAQS. The states moved for a stay pending review of EPA's disapproval. The court found a stay was appropriate because the states made ...
A district court denied environmental groups' motion for summary judgment in a challenge to BLM's 2020 rule that eliminated the 15-day protest process for timber sales and clarified that an authorizing officer can implement forest management decisions immediately. The groups argued BLM violated the ...
The Ninth Circuit reversed in part and vacated in part a district court's decision in a challenge to the Federal Subsistence Board's 2020 approval of two short-term changes to hunting practices on federal land in Alaska—the opening of an emergency deer and moose hunt for a federally recognized tri...
A district court granted summary judgment for DOI in a federally recognized tribe's challenge to the agency's refusal to take land into trust for a casino. The tribe argued DOI misinterpreted the Michigan Indian Land Claims Settlement Act (Michigan Act), and that its refusal violated the APA. The co...
The D.C Circuit denied an industry group's challenge to EPA's 2021 rule requiring power plants in several upwind states to reduce nitrogen oxide emissions. The group argued the rule was arbitrary and capricious, and that EPA failed to conduct a legally and technically appropriate assessment as requi...
The Sixth Circuit granted a petition to review EPA's removal of an air nuisance rule from Ohio's SIP. Environmental groups and individuals argued that EPA violated the CAA and APA in removing the rule. EPA moved to remand without vacatur to review its removal of the rule. The court found that vacatu...
A district court upheld BLM's approval of a proposed lithium mine project in Nevada. Environmental groups, ranchers, and tribes argued the project would cause unnecessary and undue degradation to the local sage-grouse population and habitat, groundwater aquifers, and air quality in violation of FLPM...
The Fifth Circuit granted small refiners' motion to stay certain compliance obligations under the CAA pending appeal of EPA's decision denying their requested hardship exemptions from the Act's Renewable Fuel Standard obligations. The refiners argued EPA's late 2021 interpretation of CAA provisions ...
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...
The D.C. Circuit dismissed for lack of standing a petition to review a 2016 EPA rule concerning greenhouse gas emissions and fuel efficiency standards for medium- and heavy-duty engines and vehicles. A coalition representing businesses that make and sell aftermarket car products challenged the rule'...