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Friends of Back Bay v. United States Army Corps of Engineers
The Fourth Circuit held that the U.S. Army Corps of Engineer violated NEPA when it issued a CWA §404 permit allowing a developer to build a mooring facility and boat ramp 3,000 feet from the Back Bay National Wildlife Refuge in Virginia Beach, Virginia. The Corps' EA, issued contemporaneously w...
New York v. Nuclear Regulatory Commission
The D.C. Circuit vacated NRC rulemakings concerning the temporary storage and permanent disposal of spent nuclear fuel. Four states, an Indian community, and a number of environmental groups filed a petition for review challenging NRC's "waste confidence decision" (WCD), which, among other thing...
Alec L. v. Jackson
A district court dismissed a lawsuit filed by nongovernmental organizations and a group of minors claiming that six federal agencies violated their fiduciary duties to preserve and protect the atmosphere as a commonly shared public trust resource under the public trust doctrine. The public trust...
Defenders of Wildlife v. Bureau of Ocean Energy Management, Regulation, and Enforcement
A district court held that the Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) did not violate NEPA or the ESA when it accepted over 300 bids for oil and gas drilling in the Gulf of Mexico following the Deepwater Horizon disaster. An environmental group argued that the ag...
Bair v. Caltrans,
A district court ordered the California Department of Transportation to revise its EA for a proposal to widen a highway through a state park home to ancient redwoods as well as an abundance of wildlife, including the marbled murrelet and spotted owl. There are a number of discrepancies and omiss...