Keystone-Conemaugh Projects LLC v. United States Environmental Protection Agency
The Third Circuit denied power companies' petition to review EPA's issuance of a federal implementation plan (FIP) establishing nitrogen oxide (NOx) emission limits for selective catalytic reduction-equipped coal-fired electric generating units in Pennsylvania to address reasonably available control...
El Puente v. United States Army Corps of Engineers
The D.C. Circuit affirmed summary judgment for the Army Corps of Engineers and NMFS in a challenge to approval of a dredging project in Puerto Rico's San Juan Bay. Environmental groups argued the agencies failed to take the necessary "hard look" at the project's environmental effect. The district co...
Sierra Club v. Louisiana Department of Environmental Quality
The Fifth Circuit rejected an environmental group's challenge to the Louisiana Department of Environmental Quality's (LDEQ's) decision to issue preconstruction permits for a liquefied natural gas export facility in Cameron Parish. The group sought to have LDEQ's decision vacated, arguing the facilit...
Alabama Municipal Distributors Group v. Federal Energy Regulatory Commission
The D.C. Circuit denied environmental groups' petition to review FERC's certification of an interstate natural gas pipeline expansion project. The groups argued FERC violated NEPA by failing to consider the full scope of the project's environmental effects because the EIS did not include four other ...
Citizens for Clean Air & Clean Water in Brazoria County v. United States Department of Transportation
The Fifth Circuit denied environmental groups' petition to review DOT's approval of a license to construct and operate a large deepwater oil facility off the Texas coast. The groups argued the final EIS applied a "flawed" alternatives analysis and "grossly underestimated" the facility's environmenta...
Ohio v. Environmental Protection Agency
The D.C. Circuit upheld EPA's 2022 decision to reinstate a prior waiver of federal preemption of two California regulations concerning automobile emissions under the CAA. States and fossil fuel groups challenged the regulations—a standard limiting greenhouse gas emissions and a requirement that a ...