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Louisiana v. Biden

A district court denied environmental groups' motion to intervene in a lawsuit concerning the president's Executive Order pausing new oil and gas lease sales on public lands. The groups maintained that their interests might not be adequately represented by the existing parties, arguing that although...

NorthMet Project Permit to Mine Application Dated December 2017

The Minnesota Supreme Court affirmed in part and reversed in part a lower court ruling reversing a permit to mine and dam-safety permits for a copper-nickel mine in Minnesota. Environmental groups and a Native American tribe challenged the Minnesota Department of Natural Resources' (MDNR's) issuance...

Western Watersheds Project v. U.S. Sheep Experiment Station

A magistrate judge granted in part and denied in part environmental groups' motion for summary judgment in a challenge to USDA's decision to allow sheep used for its research service to graze in the Centennial Mountains. Environmental groups argued the decision violated NEPA by failing to analyze th...

Natural Resources Defense Council v. McCarthy

The Tenth Circuit affirmed dismissal of a challenge to BLM's decision not to conduct an environmental analysis before re-opening an area in Utah that it had temporarily closed to off-highway vehicles (OHVs). Environmental groups argued that BLM violated NEPA by failing to analyze the environmental c...

Center for Biological Diversity v. United States Bureau of Land Management

A district court granted BLM's motion for voluntary remand in a challenge to the agency's resource management plan (RMP) and EIS for oil and gas leasing in western Colorado. Environmental groups argued that BLM violated NEPA by failing to take a hard look at indirect and cumulative combustion emissi...

Southern Appalachian Mountain Stewards v. Red River Coal Co., Inc.

The Fourth Circuit affirmed summary judgment for a coal company in a lawsuit concerning the company's alleged mine pollution discharges that had been permitted under a CWA permit. Environmental groups argued the company violated SMCRA by discharging pollutants from point sources at its now-inactive ...

Center for Biological Diversity v. U.S. Forest Service

A district court remanded without vacatur BLM's and the Forest Service's authorization of hydraulic fracturing in Wayne National Forest, after previously ruling the agencies violated NEPA when they authorized the activity. The court found that equitable considerations warranted remand without vacatu...

Friends of the Clearwater v. Higgins

In an unpublished opinion, the Ninth Circuit affirmed a district court's denial of a motion to preliminarily enjoin a timber harvest and road construction project in the Idaho Panhandle National Forests. Environmental groups first argued the district court erred in finding that they failed to presen...