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Wild Virginia v. Council on Environmental Quality

The Fourth Circuit affirmed dismissal of a challenge to CEQ's 2020 final rule that affected how federal agencies conduct reviews under NEPA. Environmental groups filed suit shortly after the rule was promulgated and several weeks before it took effect, bringing nine APA claims and one allegation tha...

Waterkeepers Chesapeake v. Federal Energy Regulatory Commission

The D.C. Circuit vacated a license issued by FERC for operation of a hydroelectric dam on the Susquehanna River in Maryland. The state of Maryland issued a CWA §401(a)(1) certification to the dam's operator in 2018 with conditions. The operator challenged the certification, and the parties reached ...