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Indigenous Environmental Network v. TransCanada Corp.
A district court held that a lawsuit challenging the Keystone XL pipeline can continue despite calls from the federal government to dismiss the case. On April 4, 2017, the State Department approved a presidential permit for the pipeline. In its approval, the State Department relied on a 2014 EIS con...
Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation
A district court held that owners of Volkswagen-branded franchise dealerships could move forward with their suit against an auto parts manufacturer over its alleged role in the Volkswagen diesel emissions scandal. The dealers contended that the manufacturer conspired with Volkswagen to help create a...
Sierra Club v. Zinke
A district court held that BLM violated the APA when it postponed compliance with Obama-era greenhouse gas emission rules. Several states and tribal citizen groups brought suit against BLM when it published a notice in the Federal Register postponing compliance dates for certain sections of the Wast...
Columbia Riverkeeper v. Cowlitz City
The Washington state Shorelines Hearing Board denied plans to build a methanol refinery on the Columbia River because the plans failed to adequately consider greenhouse gas emissions. A manufacturing company proposed to manufacture methanol from natural gas supplied by a lateral pipeline, with the m...
Western Watersheds Project v. Wyoming
The Tenth Circuit held that a Wyoming law that imposed civil and criminal liability on those who cross private property to access adjacent land to collect resource data violates the First Amendment. In 2015, Wyoming enacted a pair of statutes that prohibited individuals from entering “open land fo...
Sierra Club v. FERC
The D.C. Circuit held that carbon emissions from gas-burning power plants should have been considered in federal regulators’ review of a Florida natural gas pipeline. Environmental groups and landowners challenged a FERC decision to approve the construction and operation of three new interstate na...
Barnes v. FAA
The Ninth Circuit held that the FAA did not act arbitrarily when it forewent a full EIS on a third runway at the Hillsboro Airport in Hillsboro, Oregon. In 2005, the airport, the busiest in the state of Oregon, developed a plan to deal with traffic that included the addition of a third runway. Since...