The D.C. Circuit dismissed for lack of jurisdiction a challenge to two FERC orders approving construction and operation of a natural gas compressor station in Massachusetts. Residents, municipalities, and an environmental group petitioned for review of the orders—one granting the station owner's r...
In an unsigned order, the U.S. Supreme Court granted Mountain Valley Pipeline proponents' emergency application to vacate two Fourth Circuit orders halting construction of the 303-mile natural gas pipeline. The high court vacated the appellate court's July 10, 2023, and July 11, 2023, orders staying...
A district court granted EPA's and the Army Corps of Engineers' motion to stay Texas' and Idaho's challenge to the Biden Administration's 2023 rule revising the definition of "waters of the United States" under the CWA. The court stayed the suit until publication in the Federal Register of the agenc...
The Tenth Circuit affirmed denial of conservation groups' claims in a lawsuit concerning the Bureau of Reclamation's decision to sign a water contract allowing the state of Utah to draw from reservoir releases rather than the Green River and its tributaries. The groups argued the Bureau violated NEP...
The Eighth Circuit affirmed summary judgment for the Bureau of Reclamation in a challenge to the Bureau's decision to move forward with a water reclamation project in North Dakota. The state of Missouri argued the Bureau violated the Water Supply Act by moving forward without first getting approval ...
The Fourth Circuit granted an environmental group's motion to stay construction on the Mountain Valley Pipeline in Jefferson National Forest pending its petition for review.
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A district court adopted a magistrate judge's findings and recommendations to grant in part and deny in part cross-motions for summary judgment in a lawsuit concerning the Forest Service's approval of a vegetation management project in the Kootenai National Forest. An environmental group had argued,...
A district court ordered the Line 5 oil and gas pipeline to be removed within three years from tribal land in northern Wisconsin. The Bad River Band of Lake Superior Chippewa Indians sought to enjoin the owner from operating the pipeline through reservation land based on the risk of its failure cons...
The D.C. Circuit reversed summary judgment for NMFS in a Maine lobstermen group's challenge to the Service's 2021 biological opinion (BiOp) that authorized a series of federal fisheries, including the lobster fishery, and implemented a conservation framework designed to reduce the fisheries' impact ...
The U.S. Supreme Court held, 5-4, that an 1868 peace treaty between the Navajo Nation and the United States establishing the Navajo Reservation reserved necessary water to accomplish the purpose of the reservation, but did not require the U.S. government to take affirmative steps to secure water for...