The D.C. Circuit dismissed environmental groups' petition challenging FERC's decision authorizing a liquefied natural gas company to redesign its terminal in Texas to support export operations. The groups argued that FERC's analysis of the proposal’s impact on the environment violated NEPA. But to...
The D.C. Circuit denied several states', environmental groups', and Native Americans' petitions for review challenging an NRC rule and generic EIS concerning the continued, and possibly indefinite, storage of spent fuel from nuclear power plants in the United States. The petitioners argued that NRC ...
The Ninth Circuit upheld BLM's decision to grant a right-of-way allowing a wind energy project to be built and operated on federal lands in southeast San Diego County. Community groups argued that BLM violated NEPA, the Migratory Bird Treaty Act (MBTA), and the Bald and Golden Eagle Protection Act i...
The Ninth Circuit held that BLM’s approval of a wind-energy development project in southeastern Oregon failed to adequately address impacts to the greater sage grouse in violation of NEPA. The challenged project entails the construction of wind turbines and a right-of-way across a sagebrush landsc...
A district court vacated two FWS depredation orders reauthorizing the killing of double-crested cormorants in certain states. The court previously held that FWS violated NEPA when it reissued the orders. At issue here was the remedy. FWS argued that remand without vacatur was appropriate, whereas pl...
A district court, in a 149-page opinion, held that the government violated the ESA and NEPA when it approved its 2014 biological opinion (BiOp) for the Federal Columbia River Power System (FCRPS) and its impact on salmon and steelhead. The FCRPS consists of hydroelectric dams, powerhouses, and assoc...
A district court held that FWS violated NEPA when it reissued two orders authorizing the killing of double-crested cormorants in certain states. FWS issued an EA and FONSI for the orders rather than an EIS. But the EA is insufficient to justify FWS' FONSI because FWS did not take the requisite “ha...
The Ninth Circuit, in an unpublished opinion, affirmed in part and reversed in part a lower court decision dismissing fishermen's NEPA claims against the Bureau of Reclamation in connection with its approval of eight interim two-year contracts for delivery of water from the Central Valley Project to...
The Ninth Circuit held that the government complied with NEPA when it issued a FONSI in connection with the redevelopment of a 15-acre waterfront site owned by the U.S. Navy in downtown San Diego. The site serves as the home to several non-operational, administrative components of the U.S. Navy, and...
A district court dismissed a lawsuit brought by individual miners and various mining groups, associations, and businesses challenging an Oregon law that temporarily bans instream motorized mining to protect water quality and fish habitat. The law, with some exceptions, temporarily prohibits instream...