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...

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...

The D.C. Circuit upheld the dismissal of a lawsuit brought by an environmental group challenging FERC's funding structure. The group argued that the agency's funding structure created structural bias by incentivizing the agency to approve pipelines in order to seek larger appropriations from Congres...

The D.C. Circuit denied a newspaper reporter's motion for partial summary judgment to require EPA to publish calendar entries of the EPA Administrator's activities. The reporter argued that the Agency violated FOIA's reading-room provision by failing to make the Administrator's detailed calendar ava...

The D.C. Circuit vacated a license renewal that FERC granted for a power plant on the Coosa River. Environmental groups argued that the agency violated the Federal Power Act, NEPA, and the ESA when it issued the power company's license. The appellate court agreed, finding that the EA and biological ...