The D.C. Circuit held that the Securities and Exchange Commission's (SEC's) "conflict materials" rule violates the First Amendment. SEC issued the rule in 2012 pursuant to §1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which requires SEC to issue regulations requiring firms...

A district court dismissed environmental groups' claims that BLM violated NEPA when it approved a plan for developing a coal bed natural gas lease in an area of Wyoming's Powder River Basin as well as amendments to the applicable resource management plan for the area. The groups claimed that BLM aba...

A district court held that environmental groups' NEPA and FLPMA claims against BLM in connection with its decision to lease two coal tracts in Wyoming's Powder River Basin lack merit. The groups alleged that BLM violated the statutes because the agency failed to adequately consider the impacts on lo...

A district court, in a memorandum opinion, dismissed environmental groups' lawsuit against the Bureau of Ocean Energy Management (BOEM) and the National Marine Fisheries Service (NMFS) for APA, NEPA, and ESA violations in connection with two lease sales in the area where the Deepwater Horizon spill ...

A district court upheld the constitutionality of a New York county's solid waste flow control ordinance that directs all solid waste generated within the county to designated publicly owned but privately operated processing facilities. Solid waste companies alleged that, by preventing non-designated...

The Federal Claims Court awarded a Florida developer $4 million after finding that the U.S. Army Corps of Engineers' denial of the developer's §404 permit request to dredge and fill a five-acre plot of land effected a compensable taking. The Federal Circuit had previously ruled on appeal that the f...

The Ninth Circuit upheld the dismissal of activists' lawsuit challenging the construction of a 20-mile, high-speed rail project in Honolulu, Hawaii. The activists claimed that DOT, the Federal Transit Administration, and the city violated NEPA and §4(f) of the Department of Transportation Act (DOT ...

A district court held that the National Marine Fisheries Service (NMFS) violated NEPA and the ESA in approving certain operations at a fish hatchery on Oregon's Sandy River. NMFS regulations provide an exemption for the otherwise unlawful take of anadromous fish caused by a hatchery's artificial pro...

The Ninth Circuit held that the Bureau of Ocean Energy Management's (BOEM's) EIS analyzing the environmental effects of proposed oil and gas development leases in the Chukchi Sea of the northwest coast of Alaska violated NEPA. Although the EIS properly took account of incomplete or unavailable infor...

The Ninth Circuit held that the U.S. Army Corps of Engineers did not violate the CWA or NEPA when it issued a dredge and fill permit necessary for a mineral sands mining project near Coos Bay, Oregon. An environmental group argued that the Corps should have prepared an EIS, rather than an EA and FON...