The court holds that the Montana Environmental Protection Act (MEPA) requires a state department of transportation to conduct a supplemental environmental impact statement (SEIS) for a traffic interchange that was part of the department's plan to revise and improve the transportation network in the ...
The court upholds two Federal Energy Regulatory Commission (FERC) orders granting a gas company's application to construct a natural gas pipeline that would service two Alabama cities and denying the alternative proposals of a competing gas company already servicing the cities. The court first holds...
A district court held that FWS must comply with a FOIA request for information from its Law Enforcement Management Information System (LEMIS), which, among other things, the agency uses to track species being imported or exported; monitor quotas of a particular species; and intervene in illegal trad...
Pennsylvania's highest court held that the $10,000/day civil penalty under the Clean Streams Law does not apply to each day that pollutants leaked from an impoundment remain in the groundwater and then leach into other waters of the Commonwealth. The case arose after the state environmental agency a...
The D.C. Circuit held that EPA properly responded to a consultant's requests for information concerning the Agency's response to alleged scientific misconduct in tightening nitrogen requirements for the Great Bay Estuary in New Hampshire. EPA received two sets of FOIA requests, and the Agency provid...
A district court held it could not rule on the merits as to whether EPA violated the APA when it approved Ohio's 2016 impaired water list, but nevertheless remanded the case to EPA so it could approve or disapprove Ohio's incomplete CWA §303 list. Under the CWA, states must submit to EPA a list of ...
The court holds that Native American tribes and environmental groups have standing to challenge a state permit issued for a proposed public water supply project in Virginia. The project involved the discharge of dredged or fill material, thus, a permit from the U.S. Army Corps of Engineers (the Corp...
The Ninth Circuit upheld the U.S. Army Corps of Engineers' issuance of a CWA §404 permit authorizing the discharge of materials into the Santa Clara River as part of a large-scale residential, commercial, and industrial development project in Los Angeles County. The proposed project would encompass...
A Pennsylvania appellate court held that a family may go forward with its lawsuit against a natural gas company for operating wells on adjacent property to extract natural gas from beneath the family's property via hydraulic fracturing. The family asserted claims for trespass and conversion and soug...
A district court dismissed an oil company's lawsuit seeking to stop the New York and Massachusetts Attorneys General (AGs) from investigating whether the company misled investors and the public about its knowledge of climate change and the potential effects that climate change may have on its busine...