Western Watersheds Project v. Schneider
A district court preliminarily enjoined BLM from implementing its 2019 amendments to plans for oil and gas permitting and licensing on greater sage-grouse habitat in seven states. Environmental groups argued that the six EISs that BLM issued to amend the plans violated NEPA by failing to consider re...
National Audubon Society v. United States Army Corps of Engineers
A district court granted summary judgment to the U.S. Army Corps of Engineers in a challenge to the Corps' approval of construction of a terminal groin to mitigate shoreline erosion in a North Carolina town. A conservation group first argued that the third-party contractor who submitted the permit a...
Southeast Alaska Conservation Council v. United States Forest Service
A district court preliminarily enjoined the U.S. Forest Service from allowing any timber harvesting, road construction, or other ground-disturbing activities associated with the Service's authorization of a timber sale in Tongass National Forest. Environmental groups, whose members use areas that wo...
Protect Our Communities Foundation v. LaCounte
The Ninth Circuit affirmed a summary judgment in favor of the Bureau of Indian Affairs (BIA) and its approval of an industrial-scale wind facility in southern California. A conservation group argued that BIA improperly relied on BLM's EIS for the project because BIA failed to explain its decision no...
Center for Biological Diversity v. United States Environmental Protection Agency
The Fifth Circuit dismissed environmental groups' challenge to EPA's issuance of a CWA general permit authorizing discharges from oil and gas facilities operating in the Gulf of Mexico. Environmental groups argued that EPA violated NEPA by failing to prepare an adequate EIS before issuing the permit...
United Keetoowah Band of Cherokee Indians in Oklahoma v. Federal Communications Commission
The D.C. Circuit granted in part petitions to vacate a portion of a Federal Communications Commission order that exempted most small cell construction from review under the National Historic Preservation Act (NHPA) and NEPA. Native American tribes and an environmental group argued that eliminating h...
Allegheny Defense Project v. Federal Energy Regulatory Commission
The D.C. Circuit upheld FERC's approval of a natural gas pipeline that would run from northern Pennsylvania to Alabama. Environmental groups and landowners argued that FERC violated NEPA by failing to factor downstream greenhouse gas emissions into its evaluation of the project's environmental impac...
Minnesota Center for Environmental Advocacy v. Minnesota Department of Natural Resources
In an unpublished opinion, a state appellate court upheld the Minnesota Department of Natural Resources' rules under which the permit for a copper-nickel-platinum mine was issued. Environmental groups challenged the rules, asserting that they were constitutionally vague and unenforceable. The court ...
Herding Cats: Governing Distributed Innovation [Abstract]
Do-It-Yourself biology, 3D printing, and the sharing economy are equipping ordinary people with new powers to shape their biological, physical, and social environments. This phenomenon of distributed innovation is yielding new goods and services, greater economic productivity, and new opportunities for fulfillment. Distributed innovation also brings new environmental, health, and security risks that demand oversight, yet conventional government regulation may be poorly suited to address these risks.