A district court denied EPA's motion to dismiss a lawsuit concerning its duty to update its National Contingency Plan (NCP) for addressing oil and hazardous substance contamination. Environmental groups argued that the current NCP is dangerous because it continues to permit the use of chemical dispe...
A district court denied a request to vacate the Trump Administration's decision to lift the Obama Administration's moratorium on new coal leasing on public lands. Environmental groups, tribes, and states argued that BLM's issuance of a final EA and FONSI were insufficient to meet the court's previou...
A district court granted summary judgment for the U.S. Army Corps of Engineers in a challenge to its proposal to dredge a portion of a harbor located in the Lower St. Johns River. An environmental group argued that the Corps violated NEPA by failing to analyze the present effects of past dredging ac...
A district court granted summary judgment for the U.S. Forest Service in a challenge to its approval of a tree-thinning and fire mitigation project in the Los Padres National Forest. Conservation groups and nearby residents argued the Service's decision to authorize the project with a categorical ex...
The Ninth Circuit affirmed in part and vacated in part summary judgment for DOI in a challenge to its issuance of secretarial procedures authorizing a Native American tribe to operate a hotel and casino in Madera, California. Nonprofit groups argued that issuance of the procedures violated NEPA and ...
Section 401 certification and permit conditioning under the Clean Water Act is one of the most significant tools for states to influence federally permitted activities involving discharges into navigable waters. However, states are required to set conditions within one year or they forgo their ability to do so. In practice, the one-year review is difficult for states to meet and led to a common practice known as “withdraw and resubmit” in which states could reset the clock. But in Hoopa Valley Tribe v. Federal Energy Regulatory Comm’n, the D.C.