The Ninth Circuit, 2-1, denied a petition for review challenging FAA's decision that found no significant environmental impact stemming from construction and operation of an air cargo facility at the San Bernardino International Airport. The state of California, environmental groups, a union, and in...
A district court granted environmental groups' motion to preliminarily enjoin a logging project in the Willamette National Forest in areas affected by wildfires. The groups argued the Forest Service could not use the road repair and maintenance categorical exclusion (CE) to avoid NEPA review of the ...
In 2009, when carbon dioxide (CO2) levels were at 387.43 parts per million, the Center for Biological Diversity and 350.org submitted a citizen petition calling on the U.S. Environmental Protection Agency to take steps necessary to institute a national ambient air quality standard (NAAQS) for greenhouse gas (GHG) emissions under §§108-110 of the Clean Air Act (CAA). For 12 years, the petition was simply ignored. Then, the day President Donald Trump left office, outgoing EPA Administrator Andrew Wheeler issued a letter denying the petition.
A district court held that BLM's 2018 decision to auction oil and gas leases on federally owned land in Colorado violated NEPA. Environmental groups argued the decision had failed to consider more accurate air monitoring data and modeling that became available after the 2017 EA on which it relied wa...
A district court denied summary judgment for the state of Missouri in a challenge to the Bureau of Reclamation's approval of a water supply project in North Dakota. Missouri argued the Bureau violated NEPA by failing to prepare an EIS, failing to take a "hard look" at the effectiveness of mitigation...
The Ninth Circuit granted in part and denied in part a petition to review EPA's final rule approving California's SIP for meeting the air quality standard for ozone in the San Joaquin Valley. An environmental group argued the SIP's contingency measure was inadequate because it provided only a nomina...
The D.C. Circuit denied a challenge to EPA's 2015 rule updating the standards under which the Agency audits wood-burning heaters' compliance with CAA emissions limits. An industry group argued the rule was invalid because, unlike the 1988 rule, it authorized testing at other labs and neither account...
A district court granted in part and denied in part summary judgment for an environmental group and U.S. congressman in a lawsuit concerning enforcement activity along the U.S.-Mexico border. The plaintiffs argued the Department of Homeland Security (DHS) violated NEPA by failing to issue a suppleme...