A district court granted DOI's and the Army Corps of Engineers' motion to dismiss a lawsuit concerning construction of a wind farm off the coast of New York. Four homeowners sought to halt construction, claiming that onshore trenching associated with the project would worsen existing perfluoroalkyl ...

The D.C. Circuit reversed summary judgment for Oregon counties, trade groups, and timber companies in five lawsuits concerning President Obama's expansion of the Cascade-Siskiyou National Monument. Plaintiffs argued that by outlawing logging on land included in the monument through Proclamation 9564...

The D.C. Circuit granted in part and denied in part a petition to review FERC orders that permitted the creation of a new energy transmission service across several states in the Southeast. The first, the Deadlock Order, was adopted when the commissioners deadlocked 2-2 on whether the overall propos...

In an en banc decision, the Eleventh Circuit vacated a panel opinion in a lawsuit concerning a Georgia resident's cancer following decades of using a weedkiller containing glyphosate. The resident argued the weedkiller's manufacturer knew or should have known its product was carcinogenic, but failed...

The D.C. Circuit vacated DOE's 2020 rule establishing more stringent energy efficiency standards for commercial packaged boilers, and its 2022 supplemental document responding to the court's previous remand order that it address comments raised during the rulemaking process. Industry groups argued D...

A district court adopted a magistrate judge's findings and recommendations to grant in part and deny in part cross-motions for summary judgment in a lawsuit concerning the Forest Service's approval of a vegetation management project in the Kootenai National Forest. An environmental group had argued,...

The Ninth Circuit granted DOI's motion to dismiss a long-running land exchange dispute over construction of a road through the Izembek National Wildlife Refuge. The court found the Secretary of the Interior's recent withdrawal of the exchange, which was approved by a previous Secretary, mooted the c...

The D.C. Circuit reversed summary judgment for NMFS in a Maine lobstermen group's challenge to the Service's 2021 biological opinion (BiOp) that authorized a series of federal fisheries, including the lobster fishery, and implemented a conservation framework designed to reduce the fisheries' impact ...

The Tenth Circuit affirmed in part and reversed in part dismissal of a challenge to the Forest Service's approval of grazing permits in Bridger-Teton National Forest that authorized the "lethal take" of grizzly bears. Environmental groups challenged the approval, arguing FWS violated the ESA because...

A district court denied summary judgment for a group of landowners in a challenge to the Bureau of Ocean Energy Management's (BOEM's) and NMFS' decisions approving an offshore wind energy project off the coast of Nantucket. The group argued that NMFS violated the ESA by failing to adequately conside...