A district court held that the Federal Highway Administration's (FHwA's) record of decision (ROD) and EIS for a proposed tollroad project between Indiana and Illinois violated NEPA. The EIS stated that the purpose and need for the tollroad is to accommodate an anticipated population boom. The purpos...

The Ninth Circuit held that the U.S. Forest Service violated NEPA and other environmental safeguards when it designated over 2 million acres of public land within the Beaverhead-Deerlodge National Forest for use by snowmobiles and other winter motorized vehicles. In 2009, the Forest Service issued a...

The First Circuit reversed a lower court decision dismissing a lawsuit concerning a proposed offshore wind power generation facility in Nantucket Sound. Opponents of the facility—a town, an advocacy group, and several individuals and businesses in the area—sought to nullify the state's approval ...

A North Carolina court issued a preliminary injunction barring the state Mining and Energy Commission from accepting or processing any hydraulic fracturing applications until the state Supreme Court issues its opinion in a similar case concerning the constitutionality of the Commission's appointment...

A district court held that OSM violated NEPA when it approved the expansion of two Colorado mines. The court agreed with environmental groups that OSM violated NEPA by failing to seek public involvement during the review process and by failing to publish notice of the resulting EAs and FONSIs. OSM a...

The Supreme Court of Texas held that courts may consider all relevant circumstantial evidence when granting or denying an expedited motion to dismiss suits that could stifle a defendant's communication on matters of public concern under the Texas Citizens Participation Act (TCPA). The case arose aft...

A district court upheld a U.S. Forest Service decision allowing a uranium mine to renew operations near the Grand Canyon National Park. In January 2012, DOI withdrew approximately 633,547 acres of public lands and 360,002 acres of National Forest System lands for up to 20 years from location and ent...

A district court granted an oil company's motion for a temporary restraining order barring environmental activists from entering a 1,000 meter "safety zone" around three drilling vessels in the U.S. exclusive economic zone. The company alleged that Greenpeace USA is acting in concert with Greenpeace...

New York's highest court refused to extend hydraulic fracturing leases entered into between energy companies and landowners. The leases contained a "force majeure" clause, excusing the parties from nonperformance due to events outside their control, as well as "habendum clauses," establishing the pr...