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Texas Corn Producers v. United States Environmental Protection Agency

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...

CTM Holdings, LLC v. United States Department of Agriculture

A district court denied summary judgment for a company that owns and manages Iowa farmland in a lawsuit concerning a federal wetland conservation law known as Swampbuster. The company challenged the program, which disqualifies one from receiving USDA farm benefits if they convert certified wetl...

Tohono O'Odham Nation v. United States Department of the Interior

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 ...

LSP Transmission Holdings II, LLC v. Huston

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...

Port Isabel v. Federal Energy Regulatory Commission

The D.C. Circuit partially granted petitions for rehearing in a challenge to FERC's reauthorization of two liquefied natural gas terminals and an associated pipeline in Texas. In a prior opinion, the court held FERC erred by failing to issue supplemental EISs addressing its updated environmental jus...

Ass'n of Village Council Presidents v. National Marine Fisheries Service

Tribal groups argued NMFS violated NEPA in adopting the harvest specifications because they relied on outdated EISs despite dramatic changes to the ecosystem that necessitated an updated environmental analysis. The court found the specifications were not arbitrary and capricious because NMFS conclud...

Precon Development Corp. v. United States Army Corps of Engineers

A district court granted the Army Corps of Engineers' motion to dismiss a developer's challenge to the Corps' 2012 jurisdictional determination over certain wetlands in Virginia. The developer challenged the Corps' significant nexus finding between the wetlands and the Northwest River, arguing the s...

American Whitewater v. Federal Energy Regulatory Commission

The D.C. Circuit denied a petition to review FERC's authorization of an owner's request to surrender its license for a hydroelectric project on the Salmon Falls River between New Hampshire and Maine. A conservation group initially requested rehearing of the authorization, arguing the two dams from t...

Seafreeze Shoreside, Inc. v. United States Department of the Interior

The First Circuit affirmed summary judgment for the U.S. government in a lawsuit concerning a plan to construct a large-scale commercial offshore wind energy facility off of Martha's Vineyard. Several entities associated with the commercial fishing industry challenged the approval process, asserting...