The Sixth Circuit reversed a district court's denial of a preliminary injunction in a lawsuit concerning a Kentucky law that offsets the state's severance tax on coal. A coal producer from Illinois, where there is no severance tax, argued the law discriminated against out-of-state coal in violation ...
The Tenth Circuit reversed a district court ruling that affirmed BLM's environmental impact analysis for 370 applications for permits to drill (APDs) for oil and gas in New Mexico's San Juan Basin. Environmental groups argued that BLM's 81 EAs and EA addendum violated NEPA because the Bureau imprope...
The Fifth Circuit granted small refiners' motion to stay certain compliance obligations under the CAA pending appeal of EPA's decision denying their requested hardship exemptions from the Act's Renewable Fuel Standard obligations. The refiners argued EPA's late 2021 interpretation of CAA provisions ...
A district court granted in part and denied in part cross-motions for summary judgment in a challenge to BLM's approval of a new open-pit phosphate mine in southeast Idaho. Environmental groups argued the approval violated NEPA, FLPMA, and the CWA. The court found BLM failed to adequately consider t...
The D.C. Circuit granted EPA's motion to dismiss an industry group's challenge to interim lifetime health advisories for two per- and polyfluoroalkyl substances in drinking water. The court found that the group identified alleged harm facing an indirect subsidiary of one of its members, but failed t...
The Tenth Circuit upheld a joint resolution passed by Congress and signed by President Trump that disapproved the Stream Protection Rule, which was adopted by DOI under the Obama Administration. Nonprofit groups argued that the Congressional Review Act (CRA), which Congress used to repeal the rule, ...
The Fifth Circuit affirmed a district court's remand to state court of a lawsuit concerning dredging operations in a ship channel near Corpus Christi. The port authority sued a dredging company in state court, alleging that the company's operations resulted in physical trespass and encroachments on ...
A district court denied a civil rights group's motion for summary judgment in a challenge to the Federal Highway Administration's (FHwA's) approval of a categorical exclusion for a highway improvement project in Pennsylvania. The group argued the approval violated NEPA. The court found the group fai...
The Fourth Circuit affirmed dismissal of a challenge to CEQ's 2020 final rule that affected how federal agencies conduct reviews under NEPA. Environmental groups filed suit shortly after the rule was promulgated and several weeks before it took effect, bringing nine APA claims and one allegation tha...
A district court vacated in part the Forest Service's 2017 record of decision (ROD) that closed approximately 196,000 acres of recommended wilderness areas in Clearwater National Forest to motorized vehicles and eliminated motorized use on 38 miles of existing trails. An environmental group had chal...