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Earth Island Institute v. United States Forest Service
The Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its approval of a logging project in Inyo National Forest. Environmental groups argued the Service failed to adequately consider alternatives, failed to solicit public comments following its 2018 EA, and failed to s...
Calumet Shreveport Refining, L.L.C. v. United States Environmental Protection Agency
The Fifth Circuit, 2-1, granted six small refineries' petitions to review an EPA decision denying their requested exemptions from obligations under the CAA Renewable Fuel Standard (RFS) program. The refineries challenged two actions—EPA's denial of 36 petitions from 36 small refineries seeking exe...
Port Arthur Community Action Network v. Texas Commission on Environmental Quality
The Fifth Circuit vacated the Texas Commission on Environmental Quality's (TCEQ's) order granting a PSD permit for a new liquefied natural gas (LNG) facility in Texas. An environmental group petitioned for review, arguing TCEQ erred by not imposing the same emissions limits for carbon monoxide and n...
Sovereign Iñupiat for a Living Arctic v. Bureau of Land Management
A district court dismissed environmental groups' challenge to BLM's approval of a 600-million-barrel oil development project in the National Petroleum Reserve-Alaska. The groups first argued BLM violated NEPA by failing to consider a reasonable range of alternatives and by failing to adequately anal...
Western Watersheds Project v. U.S. Department of the Interior
A district court denied environmental groups' motion to preliminarily enjoin implementation of a BLM-approved watershed restoration project in eastern Nevada. The groups argued BLM violated NEPA by failing to take a "hard look" at the project's impacts, and violated FLPMA by failing to address speci...
Western Watersheds Project v. McKay
In an unpublished opinion, the Ninth Circuit affirmed in part and reversed in part summary judgment for the Forest Service and FWS in a challenge to their approval of a cattle grazing project in Oregon. Environmental groups first argued the Service's final EIS failed to take a "hard look" at three i...
Lowman v. Federal Aviation Administration
The Eleventh Circuit denied several individuals' petition to review FAA approval of an airport expansion project in Florida. The individuals argued FAA violated NEPA by segmenting its review of a single development project into multiple, smaller projects to make environmental effects appear less sig...