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Interior’s Authority to Curb Fossil Fuel Leasing
In his recent statements and testimony before the U.S. Congress, Secretary of the Interior David Bernhardt has expressed doubt he has the legal authority to limit his unrelenting campaign to lease fossil fuels on America’s public lands. He has supplemented this by offering a rather bizarre argument that he has no such obligation because carbon emissions are being curbed more in the United States than in many other countries. The U.S. Department of the Interior (DOI) reported not long ago that these emissions account for about one-quarter of total U.S. carbon emissions.
Sawtooth Mountain Ranch LLC v. United States Forest Service
A magistrate judge declined to preliminarily enjoin the U.S. Forest Service from constructing a recreational trail across private property located in the Sawtooth National Recreation Area. The property owners argued the Service's decision to proceed via a categorical exclusion was in violation of NE...
EQT Production Co. v. Crowder
A state high court affirmed a partial summary judgment for landowners in a challenge to an oil company's use of their land to extract natural gas from neighboring properties. The landowners argued that the company's lease did not allow it to use their land to extract oil and gas from neighboring min...
United Steelworkers v. Mine Safety and Health Administration
The D.C. Circuit vacated the Mine Safety and Health Administration's (MSHA's) 2018 amendment to a 2017 safety standard that required mine operators to examine areas before miners began work and record any conditions that could adversely affect workers' safety and health. Union groups argued the amen...
Birckhead v. Federal Energy Regulatory Commission
The D.C. Circuit denied a petition to review FERC's decision authorizing the construction and operation of a new natural gas compression facility in Tennessee. Landowners and business owners argued that FERC violated NEPA by failing to adequately evaluate alternatives to the facility. The court disa...