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Defenders of Wildlife v. United States Army Corps of Engineers
A district court denied in part environmental groups' motion for summary judgment challenging BLM's and the U.S. Army Corps of Engineers' approval of a project to replace a wooden diversion weir with a concrete dam along the Yellowstone River. The groups argued that the agencies' EIS violated NEPA b...
Oglala Sioux Tribe v. U.S. Nuclear Regulatory Commission
The D.C. Circuit granted in part a Native American tribe's petition to review NRC's license decision for construction of a uranium mining project in the Black Hills of South Dakota. The tribe, which has historical ties to the proposed project area, argued that the agency failed to comply with NEPA b...
Western Values Project v. U.S. Department of Justice
The D.C. Circuit granted in part and denied in part an environmental group's motion for summary judgment challenging DOJ's "Glomar response" refusing to confirm or deny the existence of the records requested. The group argued that the agency was not permitted to give this response to the group's FOI...
California v. Bureau of Land Management
A district court denied BLM's motion to transfer a lawsuit over BLM's hydraulic fracturing rule from California to Wyoming. The agency argued that moving the lawsuit to Wyoming would avoid potentially conflicting legal precedents between the California and Wyoming district courts and that the Distri...
Big Bend Conservation Alliance v. Federal Energy Regulatory Commission
The D.C. Circuit denied an environmental group's petition to review FERC orders authorizing facilities to export natural gas from the United States to Mexico. The group argued that FERC, in addition to exercising jurisdiction over the export facilities at the border, also should have exercised juris...
Atchafalaya Basinkeeper v. United States Army Corps of Engineers
The Fifth Circuit vacated a lower court's decision to preliminarily enjoin a pipeline company from constructing part of a pipeline through the Atchafalaya Basin, a sensitive wetlands area in southern Louisiana. Environmental groups argued that the EAs conducted by the U.S. Army Corps of Engineers (C...
Natural Resources Defense Council v. National Highway Traffic Safety Administration
The Second Circuit vacated a rule published by the National Highway Traffic Safety Administration indefinitely delaying a previously published rule that increased civil penalties for noncompliance with Corporate Average Fuel Economy standards. Environmental groups argued that the agency violated pro...