The Fourth Circuit reversed a district court order abstaining from ruling on constitutional claims brought by mineral interest owners challenging amendments to West Virginia's oil and gas conservation law. Plaintiffs argued the amendments, which for the first time authorized "unitization of interest...

A district court denied an environmental group's motion for summary judgment in a challenge to the Forest Service's approval of a restoration project in Okanogan-Wenatchee National Forest. The group argued the Service violated NEPA and its implementing regulations in designing, analyzing, and implem...

A district court granted environmental groups' motion to lift a stay of a suit challenging NMFS' biological opinion (BiOp) concerning oil and gas activity in the Gulf of Mexico. The groups initially argued NMFS issued a flawed BiOp that underestimated the risks of harm to protected species and took ...

The Fifth Circuit granted several states' petition to review DOE's 2022 rule repealing two 2020 rules concerning efficiency standards for dishwashers and washing machines. The states argued the repeal rule, which deleted the appliance categories for shorter-duration dishwashers and washing machines ...

The Third Circuit denied petitions to review FAA's FONSI decision approving construction of a new terminal at an airport in New Jersey. Petitioners argued FAA erroneously determined that the project did not expand the terminal and would not induce air traffic growth, failed to consider the cumulativ...

A district court on remand ordered that a commercial wind farm constructed on Osage Nation land be removed in a challenge brought against the farm's developers. The federal government argued the developers engaged in unauthorized mining and excavation in the Osage mineral estate without first obtain...

A district court granted in part summary judgment for environmental groups in a challenge to a National Park Service (NPS) agreement with Miami-Dade County to facilitate development of a waterpark, hotel, and retail area near the Miami Zoo. The groups argued NPS violated NEPA and the ESA by failing ...

The Ninth Circuit granted in part and denied in part environmental and public interest groups' petition to review EPA's amended pesticide registrations of streptomycin sulfate for use in combating citrus diseases. The groups argued EPA's determination that the registration would not cause "unreasona...

A district court denied Indigenous and environmental groups' motion for injunction pending appeal of their challenge to BLM's approval of an oil and gas development project in the National Petroleum Reserve-Alaska. The groups initially sought to preliminarily enjoin construction through the remainde...

The Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its approval of a logging project in Inyo National Forest. Environmental groups argued the Service failed to adequately consider alternatives, failed to solicit public comments following its 2018 EA, and failed to s...