The Ninth Circuit granted in part environmental groups' petition to review EPA's decision refusing to revise technology-based effluent limits, guidelines, and standards (ELGs) for certain industries previously promulgated under the CWA. The groups challenged EPA's decision refusing to revise ELGs fo...
The Fifth Circuit granted industry groups' challenge to EPA's 2024 rule that revised the equation for calculating vehicle fuel economy for purposes of the Corporate Average Fuel Economy (CAFE) standards and required manufacturers to certify fuel economy using E10 test fuel, containing 10% ethan...
A district court vacated its preliminary injunction in an environmental groups' challenge to the Army Corps of Engineers' issuance of a dredge-and-fill permit for a dam expansion project in Colorado. It previously remanded with vacatur the Corps' record of decision, final EIS, and permit, enjoined f...
The Ninth Circuit reversed a district court's dismissal of a challenge to BLM's authorization of construction on a transmission line through the San Pedro Valley. Native American tribes and environmental groups argued BLM violated the National Historic Preservation Act by issuing limited notices to ...
The Fifth Circuit dismissed environmental groups' petition to review an EPA rule granting Louisiana primary enforcement authority over Class VI underground carbon sequestration wells. The groups petitioned under the SDWA's review provision, and the state and its Department of Energy and Natural Reso...
A district court enjoined construction on a dam expansion project in Colorado in environmental groups' challenge to the Army Corps of Engineers' issuance of a dredge and fill permit. The court previously held the Corps failed to comply with the CWA and NEPA when it issued the permit. The court subse...
The Sixth Circuit denied environmental groups' petition to review the Tennessee Department of Environment and Conservation's (TDEC's) order issuing a water quality certification for a proposed fossil gas pipeline in Tennessee. The groups argued TDEC arbitrarily and capriciously determined that ...
The Fifth Circuit affirmed denial of summary judgment for two Native American tribes and an environmental group in a challenge to a CWA §404 permit issued by the Army Corps of Engineers to expand operations at an oil export terminal on Texas' Gulf Coast. The tribes and group sought to invalidate th...
A district court granted New York City's motion to dismiss a challenge to its statute prohibiting the use of fossil fuels in newly constructed residential buildings. Trade groups and a union argued the statute was preempted by the Energy Policy Conservation Act (EPCA) because it concerned "the ...
The Seventh Circuit vacated a preliminary injunction that had barred enforcement of an Indiana statute giving incumbent electric companies rights of first refusal (ROFRs) to build and operate new interstate transmission facilities that connect to facilities they own. Companies seeking to b...