A district court granted in part and denied in part federal agencies' motion to dismiss a NEPA challenge to the Biden Administration's immigration actions. A coalition seeking immigration reform argued that the Department of Homeland Security (DHS), the Department of State, and DOJ failed to follow ...
The Fifth Circuit vacated a district court's issuance of a nationwide preliminary injunction enjoining the Biden Administration from pausing new oil and gas lease sales on federal lands. Thirteen states filed suit against the Administration after the president issued Executive Order No. 14008, chall...
The D.C. Circuit denied a Native American tribe's petition to review NRC's decision to grant a source material license for uranium extraction from ore beds in South Dakota. The tribe initially raised challenges to the license application and NRC's NEPA and National Historic Preservation Act (NHPA) p...
A district court granted summary judgment for environmental groups in a challenge to two BLM resource management plans for coal leasing in Montana and Wyoming. The groups argued BLM violated NEPA by failing to consider a reasonable range of alternatives and failing to consider the downstream impacts...
The D.C. Circuit denied environmental groups' and township's petitions to review FERC's approval of an application for a certificate of public convenience and necessity for a proposed natural gas pipeline project in Pennsylvania and Delaware. The petitioners argued FERC violated NEPA by failing to a...
The D.C. Circuit vacated a district court's grant of summary judgment to EPA in a challenge to the Agency's approval of a permitting program for coal ash disposal facilities in Oklahoma. Environmental groups challenged EPA’s approval on several grounds under RCRA and the APA, and the district cour...
The Tenth Circuit affirmed dismissal of a challenge to FWS' 2018 decision to modify certain trails in the Rocky Flats National Wildlife Refuge. Community groups argued the modifications were significant and that FWS failed to prepare a supplemental EIS and relied on categorical exclusions based on a...
The D.C. Circuit denied a city's second petition to review FERC's order granting a certificate of public convenience and necessity for construction of a natural gas pipeline from Ohio to Michigan. In the city's initial petition, it argued FERC had not adequately justified its reliance on agreements ...
The Iowa Supreme Court, 4-3, affirmed a summary judgment order dismissing a landowner's nuisance, trespass, and drainage claims against a neighboring confined animal feeding operation (CAFO). The neighboring CAFO moved for summary judgment based on the statutory immunity enacted in Iowa's "right-to-...
The D.C. Circuit denied environmental groups' petition to review FERC's order approving an extension of a natural gas pipeline into North Carolina. The groups specifically challenged the order's approved return on equity rate and the adequacy of the Commission's EIS, arguing that FERC should not hav...