The D.C. Circuit dismissed a petroleum refiner's petition to review an EPA document interpreting a portion of the Energy Independence and Security Act that directs the Agency to perform periodic reviews of renewable fuel thresholds for gasoline. The refiner argued that the Agency incorrectly interpr...

The U.S. Supreme Court vacated a dismissal of a landowner's challenge to a town ordinance on takings grounds. The landowner argued the ordinance, which requires cemeteries on public and private property to be kept open and accessible to the public during daylight hours, effected a taking of her prop...

A district court ordered the U.S. Forest Service to engage in formal consultation with other federal agencies to protect listed fish species being harmed by water diversions from the Salmon River in Idaho's Sawtooth National Recreation Area. An environmental group argued that the Service violated th...

A magistrate judge declined to preliminarily enjoin the U.S. Forest Service from constructing a recreational trail across private property located in the Sawtooth National Recreation Area. The property owners argued the Service's decision to proceed via a categorical exclusion was in violation of NE...

The U.S. Supreme Court upheld a state law banning uranium mining on private lands in Virginia. A mining company argued the Atomic Energy Act (AEA) preempted the law and reserved to the Nuclear Regulatory Commission (NRC) alone the authority to regulate uranium mining based on nuclear safety concerns...

The Federal Circuit affirmed a dismissal of landowners' lawsuit against the government for flooding that resulted when a federal land conservation program induced an adjacent landowner to build and maintain a levee. The landowners argued that the flooding, which rendered their land unfit for cultiva...

A district court dismissed a request to compel the State Department to release two reports concerning U.S. greenhouse gas emissions as required by the U.N. Framework Convention on Climate Change. An environmental group argued that the treaty required the agency to publicly disclose the reports, but ...

The D.C. Circuit dismissed a petition to review EPA's order denying an environmental group's objection to renewal of a Title V operating permit for a power plant in Utah. The group objected that the renewal permit incorporated requirements in a 1997 Title I preconstruction permit that was based on a...

A state high court affirmed a partial summary judgment for landowners in a challenge to an oil company's use of their land to extract natural gas from neighboring properties. The landowners argued that the company's lease did not allow it to use their land to extract oil and gas from neighboring min...

The D.C. Circuit vacated the Mine Safety and Health Administration's (MSHA's) 2018 amendment to a 2017 safety standard that required mine operators to examine areas before miners began work and record any conditions that could adversely affect workers' safety and health. Union groups argued the amen...