Environmental Protection Information Center v. Carlson
The Ninth Circuit reversed, 2-1, a lower court ruling denying a request to preliminarily enjoin a logging project in the Mendocino National Forest. An environmental group argued the Forest Service improperly determined that the project qualified for a categorical exclusion (CE) for road repair and m...
Standing Rock Sioux Tribe v. United States Army Corps of Engineers
The D.C. Circuit stayed a lower court ruling that ordered the Dakota Access Pipeline to be shut down and emptied of oil within 30 days. As to the pipeline company's motion to stay the order vacating the Army Corps of Engineers' issuance of an easement under the Mineral Leasing Act, however, it found...
Rosado v. Wheeler
A district court denied summary judgment for New York in a challenge to EPA's designation of the eastern Long Island Sound as an open-water dredge disposal site. New York argued EPA's determination that a new site was needed to service the eastern Sound was arbitrary and capricious, that the Agency ...