A district court upheld BLM's rule that repealed a 2015 rule regulating hydraulic fracturing operations on federal and tribal lands. California argued that BLM's rationale that the 2015 rule was duplicative of state and tribal regulations was negated by the agency itself when considering the same ev...
The Eighth Circuit upheld the dismissal of a constitutional challenge to Minnesota's right of first refusal (ROFR) law. An electric transmission company argued the law, which granted incumbent transmission owners a ROFR to construct, own, and maintain transmission lines that connect to their existin...
One of the most important and transformative mechanisms the U.S. Congress has ever created to protect the environment is under assault from the Donald Trump Administration. The National Environmental Policy Act (NEPA) ushered in the modern era of U.S. environmental law.
The National Environmental Policy Act (NEPA) plays a crucial role in the authorization and approval of more development projects than any other federal law. Proponents believe NEPA protects communities and the environment from potentially detrimental projects, while critics counter the Act prevents timely review of important infrastructure projects.
A district court granted in part and denied in part a motion for summary judgment in a challenge to the Forest Service's and BLM's authorizations of hydraulic fracturing, or fracking, in Wayne National Forest. Environmental groups argued the agencies violated NEPA by failing to take a "hard look" at...
A district court held that a Texas right-of-first-refusal law giving existing electricity transmission providers in the state a preference to build and operate new lines is constitutional. An energy company argued the Texas law barred it from obtaining a certificate of convenience and necessity for ...