The Second Circuit affirmed denial of a challenge to NPS' approval of a white-tailed deer management plan for the Fire Island National Seashore. An animal rights group argued that NPS violated NEPA because it lacked information about deer movement on the island that was essential to the decisionmaki...
On March 11, 2019, the National Oceanic and Atmospheric Administration published an advance notice of proposed rulemaking to amend regulations that implement the Coastal Zone Management Act’s (CZMA’s) consistency requirement. This Article places the notice in context, focusing on the CZMA’s role in state review of offshore oil and gas development and its evolution to provide a predictable framework that balances coastal state interests with the nation’s energy needs.
A state appellate court reversed the Minnesota Department of Natural Resources' decisions to deny petitions for a contested-case hearing and issue mine and dam safety permits for a proposed copper-nickel-platinum mine in northeastern Minnesota. Environmental groups petitioned the Department for a he...
In an advisory opinion to Florida's attorney general, the Florida high court concluded that a proposed initiative to amend the Florida Constitution to restructure the state's electricity markets should not be placed on the ballot. The attorney general argued that the initiative's title and summary f...
A district court denied a request to invalidate BLM's approval of exploratory drilling in the National Petroleum Reserve-Alaska (NPR-A). Environmental groups and a Native village first argued that BLM's EA failed to account for significant impacts to caribou and subsistence activities, in violation ...
The Fifth Circuit held that the U.S. Army Corps of Engineers had not waived its sovereign immunity from Louisiana's lawsuit alleging that the Corps failed to maintain the Gulf Intracoastal Waterway within authorized parameters under the River and Harbor Improvements Act (RHIA). Louisiana argued that...