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Orutsararmuit Native Council v. United States Army Corps of Engineers

The Ninth Circuit affirmed in part and reversed in part summary judgment for BLM in challenges to approval of an oil and gas project in the northern Arctic. Environmental groups argued BLM failed to consider a reasonable range of alternatives as required under NEPA, its mandate to protect surface re...

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

The Ninth Circuit affirmed in part and reversed in part summary judgment for BLM in challenges to approval of an oil and gas project in the northern Arctic. Environmental groups argued BLM failed to consider a reasonable range of alternatives as required under NEPA, its mandate to protect surface re...

Center for Biological Diversity v. Environmental Protection Agency

In a per curiam decision, the D.C. Circuit, 2-1, granted environmental groups' challenge to an EPA rule implementing Renewable Fuel Standards (RFS) Program standards for 2023-2025. The groups argued EPA failed to adequately explain why—for purposes of addressing life-cycle greenhouse gas (GHG) emi...

Diamond Alternative Energy v. Environmental Protection Agency

The U.S. Supreme Court, 7-2, held that several fuel producers had standing in a lawsuit challenging EPA's approval of California regulations requiring automakers to manufacture more electric vehicles and fewer gasoline-powered vehicles in an effort to decrease emissions from liquid fuels. The produc...

Environmental Protection Agency v. Calumet Shreveport Refining, L.L.C.

The U.S. Supreme Court, 7-2, held that EPA's 2022 denials of six small refinery exemption petitions were locally or regionally applicable actions that fell within the "nationwide scope or effect" exception under the CAA, requiring venue in the D.C. Circuit. The small refineries challenged the denial...

Oklahoma v. Environmental Protection Agency

he U.S. Supreme Court, 8-0, held that EPA's disapprovals of Oklahoma's and Utah's SIPs were locally or regionally applicable actions reviewable in a regional circuit court. The two states petitioned the Tenth Circuit to review the disapprovals, which were two of 21 SIPs EPA disapproved in 2023 for f...

Center for Biological Diversity v. Berger

A district court granted BLM's motion to dismiss a challenge to its approval of 26 applications for permits to drill in Colorado. An environmental group argued BLM's refusal to impose environmental mitigation measures on drill sites located on private land violated the APA and impaired its members' ...

Couser v. Shelby County, Iowa

The Eighth Circuit affirmed summary judgment for a carbon dioxide pipeline company in a challenge to two Iowa county ordinances that regulate pipelines. The company, which wants to build an interstate pipeline through Iowa, argued the ordinances were preempted by the Pipeline Safety Act (PSA) and Io...

Appalachian Voices v. Federal Energy Regulatory Commission

The D.C. Circuit denied environmental groups' challenges to FERC's decision to grant a company's request to extend its construction deadline for a 75-mile extension to the Mountain Valley Pipeline. The groups argued FERC's finding of "good cause" to grant the extension and its refusal to revisit its...