The D.C. Circuit dismissed for mootness a challenge to the Bureau of Ocean Energy Management's (BOEM's) 2021 oil and gas lease sale in the Gulf of Mexico. Environmental groups argued the sale violated NEPA. The district court had concluded BOEM failed to properly follow NEPA procedures, and vacated ...

The Fifth Circuit, 2-1, affirmed a district court ruling that denied the Sabine River Authority (SRA)-Louisiana's motion to dismiss a lawsuit concerning its release of water from a reservoir on the Sabine River between Texas and Louisiana. Property owners in both states argued that SRA-Louisiana and...

A district court denied environmental groups' motions to preliminarily enjoin construction on an oil project in Alaska's National Petroleum Reserve. One of the groups argued BLM violated NEPA and the Naval Petroleum Reserves Production Act (NPRPA) by failing to consider a reasonable range of alterna...

The Ninth Circuit, 2-1, granted in part and denied in part a city's petition for review of FAA's issuance of an EIS and record of decision allowing a Los Angeles airport to begin construction on a replacement terminal. The city challenged FAA's compliance with NEPA's requirement that an EIS include ...

The Fifth Circuit dismissed Louisiana's challenge to the Biden Administration's interim estimates on the social cost of greenhouse gas emissions. Louisiana initially sought to preliminarily enjoin the interim estimates from being used, arguing they were procedurally invalid, arbitrary and capricious...

The U.S. Supreme Court held, 6-3, that Montana landowners' challenge to an easement allowing public access to a road running through their property was not time barred. The landowners sued over the scope of the easement under the Quiet Title Act (QTA), arguing the road's public use intruded on their...

A district court granted the Bureau of Ocean Energy Management's (BOEM's) motion to dismiss a challenge to its memorandum designating certain areas in New York as "wind energy areas" for purposes of offshore wind development. A nonprofit group argued BOEM violated NEPA by failing to conduct an EA pr...

A district court denied summary judgment for environmental groups in a challenge to the Forest Service's approval of a proposed mining exploration project on public land in the eastern Sierra Nevadas. The groups argued the Service violated NEPA by relying on two categorical exclusions—for mineral ...

A district court denied conservation groups' motion to intervene in a lawsuit concerning EPA's and the Army Corps of Engineers' rule defining the scope of the CWA. The groups sought intervention as of right, arguing they had "a significant, protectable interest" because they represent those who use ...

The D.C Circuit denied an industry group's challenge to EPA's 2021 rule requiring power plants in several upwind states to reduce nitrogen oxide emissions. The group argued the rule was arbitrary and capricious, and that EPA failed to conduct a legally and technically appropriate assessment as requi...