A district court denied a motion to dismiss or transfer a lawsuit concerning greater sage-grouse habitat management plans. Environmental groups argued that BLM violated NEPA, FLPMA, and the National Forest Management Act when it issued amendments to the plans that failed to take a range-wide analysi...
A district court dismissed a lawsuit brought by a Hawaiian resident alleging that an early start to a county construction project harmed two endangered species—the Hawaiian hawk and Hawaiian hoary bat—in violation of the ESA. The resident argued that the county violated its EIS by allowing const...
A district court denied a motion for summary judgment against the U.S. Army Corps of Engineers and Customs and Border Protection for failure to disclose under FOIA information related to construction of a wall along the Mexican border. An environmental group argued the agencies improperly withheld i...
This year, 2019, marks the 20th anniversary of the removal of the Edwards Dam, one of the first functioning hydroelectric dam to be decommissioned and removed in the United States. It was also the first to be removed under the Federal Energy Regulatory Commission’s (FERC’s) asserted power to compel such a removal without compensation, an assertion raising legal questions that have yet to be fully resolved. As our hydroelectric infrastructure continues to age, these questions may again come to the forefront.