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In re Border Infrastructure Environmental Litigation

A district court upheld the U.S. Department of Homeland Security's (DHS') decision to waive the legal requirements of NEPA, ESA, and CZMA for two border wall construction projects in San Diego, California. DHS made its waiver determination under §102 of the Illegal Immigration Reform and Immigrant ...

Montana v. Wyoming

The U.S. Supreme Court, in an unsigned judgment and decree, ordered Wyoming to pay Montana $20,340 in damages, plus $67,270.87 in costs, for reducing the amount of water available in the Tongue River in violation of the Yellowstone River Compact. The Compact protects pre-1950 appropriative rights to...

Navajo Nation v. DOI

The Ninth Circuit upheld a lower court's dismissal of a tribe's NEPA challenge to a DOI guidance that did not consider its interest when allocating the water rights of the Colorado River. The tribe contended that it was unlawfully excluded from DOI 2001 and 2008 guidances that outlined how water is ...

Sierra Club v. U.S. Department of Energy

The D.C. Circuit denied a environmental group's petition to review a FERC decision allowing the transport of liquefied natural gas (LNG) from the Freeport Terminal in Texas. In 2011, an energy company requested permission for daily exports of LNG out of Freeport. FERC granted the application, findin...

Montana Environmental Information Center v. U.S. Office of Surface Mining

A district court halted the expansion of a Montana coal mine approved by the Surface Mining Enforcement Office for violations of NEPA. In 2008, a coal company requested approval of a mine expansion in the Bull Mountains to extract coal owned by the federal government. In 2011, BLM prepared an EA to ...

AquAlliance v. Bureau of Reclamation

The D.C. Circuit held that the federal government is not required to reveal the location of water wells under an exemption to FOIA. A environmental group dedicated to protecting the Northern California ecosystem and watersheds filed FOIA requests seeking copies of all documents related to water tran...