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Environmental Defense Fund v. Federal Energy Regulatory Commission

The D.C. Circuit vacated FERC's issuance of a certificate of public convenience and necessity for construction of a natural gas pipeline in the St. Louis area. An environmental group argued FERC's decision to award the certificate uncritically and exclusively relied on a precedent agreement between ...

Food & Water Watch v. United States Department of Agriculture

The D.C. Circuit vacated a district court's grant of summary judgment to USDA's Farm Service Agency in a lawsuit concerning the agency's loan approval for a chicken farm in Maryland. An environmental group argued the EA made in connection with the loan approval violated NEPA, and that the EA should ...

the Application of Enbridge Energy, Limited Partnership, for a Certificate of Need and a Routing Permit for the Proposed Line 3 Replacement Project in Minnesota From the North Dakota Border to the Wisconsin Border

A state appellate court upheld, 2-1, a certificate of need and routing permit granted by the Minnesota Public Utilities Commission for replacement of a portion of the Line 3 oil pipeline. Native American tribes and environmental groups challenged the Commission's decision to grant the certificate of...

Yaw v. The Delaware River Basin Commission

A district court dismissed two Pennsylvania state senators' challenge to the Delaware River Basin Commission's imposition of a moratorium on gas drilling and hydraulic fracturing in the Delaware Basin. The senators argued, among other things, that the moratorium exceeded the Commission's authority. ...