The Supreme Court of Wisconsin upheld the state environmental agency's decision to issue a permit to a town for a municipal well. Two groups challenged the agency's decision to issue the permit without considering the well's potential impact on nearby Lake Beulah, a navigable water. A circuit c...

A district court, in an underlying NEPA suit, denied the Navy's request for a voluntary remand for further consideration of the future location of a firing range complex in Guam. Plaintiffs argued that a voluntary remand to the agency is only appropriate where either there have been intervening...

A district court dismissed an environmental group's claim that the U.S. Army Corps of Engineers violated NEPA, the CWA, and the APA by granting a CWA §404 permit to a railroad company without completing an EIS. The Corps' finding that the chosen site was the least environmentally damaging prac...

The Eleventh Circuit held that the U.S. Army Corps of Engineers may allocate storage water in Lake Lanier, a reservoir created in 1956 by the completion of Buford Dam on the Chattahoochee River, for water supply. A lower court ruled that the Corps' current operation of the Buford Project—Buford Da...

A district court vacated two internal DOI guidance documents that address and limit the use of §390 of the Energy Policy Act of 2005, which establishes a "rebuttable presumption" that a categorical exclusion from review under NEPA would apply to certain oil and gas development activities on federal...

A district court denied environmental groups' petition for review challenging BLM's and the U.S. Forest Service's approval of several oil and gas lease sales in the San Juan Basin of northern New Mexico. The groups, who were concerned that the leases would contribute to ozone emissions, impact publi...