The D.C. Circuit ordered FERC to reconsider its reporting rules for interstate natural gas pipelines. During the public comment period, petitioners—a national trade association of gas utility companies—requested additional and more detailed reporting requirements for shipper-supplied gas for pip...

The Ninth Circuit affirmed a lower court’s decision to dismiss environmental groups’ action against the National Park Service (NPS) on the grounds that NPS did not act arbitrarily and capriciously under the APA by adopting a management plan that permitted the continued use of motorized raft and ...

A district court granted in part and denied in part the motion of the Mine Safety and Health Administration (MSHA) to dismiss a mine operator’s action relating to the MSHA’s use of a citation quota, which allegedly caused mine inspectors to issue baseless citations to the operator. As a prelimin...

A district court allowed negligence claims against the Tennessee Valley Authority (TVA) to continue in seven lawsuits stemming from a coal-ash spill, but it held that the TVA is not subject to punitive damages. Plaintiffs filed four class action complaints and four non-class action complaints seekin...

A district court entered judgment for the Tennessee Valley Authority (TVA) with respect to environmental groups’ claims that the TVA violated the CAA and the Tennessee SIP in its operation of a fossil fuel-fired electricity generating facility. The groups argued that two projects, the economiz...

The Ninth Circuit, in a memorandum opinion, ruled that the Minerals Management Service (MMS) complied with NEPA and the Outer Continental Shelf Lands Act (OCSLA) in approving oil companies' plans for exploratory drilling in the Beaufort and Chukchi Seas, Alaska. Petitioners claimed that there are mu...

The Ninth Circuit held that the U.S. Environmental Protection Agency (EPA) did not act arbitrarily, capriciously, or contrary to law when it granted Nevada's request to split one of its clean air areas into two. Contrary to an environmental group's claim, the presence and operation of a mine in the ...

The Fifth Circuit vacated the Federal Energy Regulatory Commission's (FERC's) decision that two natural gas pipelines perform a "transportation" function rather than a "gathering" function, thereby subjecting them to FERC jurisdiction's under the Natural Gas Act. Natural gas flows from gathering pip...

The court remanded portions of a 2002 U.S. Environmental Protection Agency (EPA) rule interpreting when a major stationary source undertakes a "modification," thereby triggering the Clean Air Act's new source review (NSR) requirements. EPA erred in promulgating the clean unit applicability test, whi...

The court holds that a lower court erred in preliminarily enjoining a U.S. Department of Agriculture (USDA) rule that permits the resumption of the importation of Canadian cattle to the United States. The importation of Canadian cattle had temporarily been barred due to fears of Bovine Spongiform En...