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WildEarth Guardians v. Bernhardt

A district court granted in part nonprofit groups' motion for summary judgment in a lawsuit concerning BLM's review of cumulative climate impacts of oil and gas leases in Wyoming. The groups argued that BLM's supplemental EA prepared in response to the court's previous ruling that the agency had fai...

WildEarth Guardians v. Bernhardt

A district court granted BLM's request to remand without vacatur 27 oil and gas leasing decisions across five states. Environmental groups argued that BLM failed to consider the cumulative impacts of the leases as required under NEPA, and sought to have them vacated and remanded. The court found tha...

Patching a Persistent Problem: PFAS and RCRA’s Citizen Suit Provision

Per- and polyfluoroalkyl substances (PFAS) are a toxic, environmentally persistent class of chemicals that have been used widely in consumer products. Despite growing evidence of adverse health effects associated with PFAS exposure, the U.S. Environmental Protection Agency has not yet promulgated a legally enforceable standard for any of the individual chemicals in the PFAS group. This has resulted in largely unrestricted disposal of PFAS waste and dispersal of these persistent chemicals throughout the environment.

Center for Biological Diversity v. Tennessee Valley Authority

A district court dismissed for lack of standing a challenge to the Tennessee Valley Authority's (TVA's) rate change for customers in its seven-state service area. Environmental groups argued that TVA violated NEPA by enacting the rate change based on a deficient EA, by failing to consider the enviro...

Wild Virginia v. Council on Environmental Quality

A district court denied environmental groups' motion to preliminarily enjoin or stay a rule issued by CEQ revising the regulations for federal agencies to follow in implementing NEPA. The groups argued that the rule was inconsistent with NEPA because, among other things, it improperly removed the re...

Tinian Women Ass'n v. United States Department of the Navy

The Ninth Circuit affirmed summary judgment for the U.S. Navy in a challenge to its decisions to relocate troops from Okinawa, Japan, to Guam and construct training facilities on the Commonwealth of the Northern Mariana Islands (CNMI). Environmental groups argued the Navy's decisions were "connected...