The Third Circuit dismissed for lack of jurisdiction a chemical company's petition to review EPA's health advisory for HFPO-DA, a chemical found in drinking water. The company argued the advisory violated both the procedural and substantive requirements of the APA and the nondelegation doctrine. The...
The D.C. Circuit vacated FERC's approval of an expansion project for a natural gas pipeline that runs through New Jersey, New York, Delaware, Maryland, and Pennsylvania. Environmental groups petitioned to review the approval, arguing FERC arbitrarily overlooked significant environmental consequences...
A district court remanded without vacatur the Bureau of Ocean Energy Management's (BOEM's) final EIS and record of decision (ROD) for a 2022 oil lease sale in Alaska's Cook Inlet. Environmental groups argued BOEM's review of the lease sale and ROD violated NEPA, and moved to remand and vacate both. ...
The D.C. Circuit granted in part and denied in part petitions to review FERC's authorization of construction and operation of liquefied natural gas facilities in southwestern Louisiana. Environmental groups argued FERC did not properly address NEPA and Natural Gas Act requirements. The court found F...
The D.C. Circuit affirmed a Federal Communications Commission (FCC) order licensing a new satellite system. An environmental group argued the FCC's decision not to perform an environmental review of light pollution and atmospheric effects of the system violated NEPA. The court found the license fell...
A district court denied summary judgment for environmental groups in a challenge to BLM's management plan for a recreation area in Montana. The groups argued BLM violated NEPA, FLPMA, and the Federal Advisory Committee Act (FACA) when it developed the plan, and sought a preliminary injunction. The c...
The D.C. Circuit vacated a 2022 EPA order requiring chemical manufacturers/processors to test the chronic toxicity of 1,1,2-trichloroethane pursuant to TSCA. A trade organization representing seven entities challenged the order, arguing EPA failed to comply with several statutory requirements. The c...