PennEast Pipeline Co., LLC
The Third Circuit vacated a district court decision granting a gas pipeline company's orders of condemnation and preliminary injunctive relief for immediate access to properties along the pipeline route that had been preserved by New Jersey for recreational, conservation, and agricultural use. New J...
Oberlin, Ohio v. Federal Energy Regulatory Commission
The D.C. Circuit remanded to FERC for further explanation of its order authorizing a company to construct an interstate natural gas pipeline through Michigan and Ohio and to use eminent domain to acquire any necessary rights-of-way. A city and landowner group sought vacatur of the order, arguing tha...
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...
TransCanada Keystone Pipeline, LP v. Dunavan
A state high court upheld the Nebraska Public Service Commission's determination that approval of an alternative route for a proposed oil pipeline was in the public interest. Landowners and Native American tribes argued the Commission lacked jurisdiction under the state's Major Oil Pipeline Siting A...
Oregon Cattlemen's Association v. U.S. Environmental Protection Agency
In an unpublished opinion, the Ninth Circuit reversed the denial of an environmental group's motion to intervene in a lawsuit challenging EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. The court found that the group had a practical interest in the rule and that this interest was no...
Natural Resources Defense Council v. United States Environmental Protection Agency
A district court denied environmental groups' motion for summary judgment in a lawsuit seeking FOIA disclosure of an EPA computer model related to its rollback of Obama-era greenhouse gas emission standards for vehicle manufacturers. The groups challenged EPA's withholding of the model pursuant to a...
Western Watersheds Project v. Interior Board of Land Appeals
An Idaho district court transferred venue in a challenge to BLM's decision to renew livestock grazing permits for an allotment in northern Utah and to the Interior Board of Land Appeals' (IBLA's) reinstatement of that decision. An environmental group argued that BLM's decision violated FLPMA and NEP...
California Communities Against Toxics v. Environmental Protection Agency
The D.C. Circuit dismissed a challenge to a 2018 EPA memo that interpreted §112 of the CAA to mean that major sources of toxic emissions could reclassify to area sources and thereby ease their regulatory obligations. California and environmental groups argued that EPA failed to provide notice and c...
Central Sierra Environmental Resource Center v. Stanislaus National Forest
A district court denied a motion for summary judgment in a challenge to the U.S. Forest Service's cattle grazing program for three livestock allotments in Stanislaus National Forest. Environmental groups argued the program caused violations of water quality standards for fecal coliform bacteria and ...