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Save the Colorado v. Semonite
A district court vacated its preliminary injunction in an environmental groups' challenge to the Army Corps of Engineers' issuance of a dredge-and-fill permit for a dam expansion project in Colorado. It previously remanded with vacatur the Corps' record of decision, final EIS, and permit, enjoined f...
Southern Utah Wilderness Alliance v. United States Department of the Interior
A district court reversed its prior dismissal of a challenge to four BLM leasing decisions concerning federal land in Utah. An environmental group had argued BLM violated NEPA and the ESA by failing to fully analyze the environmental, social, direct, indirect, and cumulative impacts of the lessees' ...
Deep South Center for Environmental Justice v. United States Environmental Protection Agency
The Fifth Circuit dismissed environmental groups' petition to review an EPA rule granting Louisiana primary enforcement authority over Class VI underground carbon sequestration wells. The groups petitioned under the SDWA's review provision, and the state and its Department of Energy and Natural Reso...
Seven County Infrastructure Coalition v. Eagle County, Colorado
The U.S. Supreme Court, 8-0, held that the D.C. Circuit failed to afford the Surface Transportation Board the substantial deference NEPA requires in a challenge to the Board's authorization of a new 88-mile rail line in the Uinta Basin, and that the court incorrectly interpreted NEPA to require the ...
A Treaty Right to Healthy Forests? Using Tribal Fishing Rights to Challenge Timber Sales
Tribes in the Pacific Northwest have faced persistent obstacles to their exercise of treaty fishing rights, most prominently illegal regulation of off-reservation fishing by state governments. As salmon decline, a new frontier is emerging for treaty right violations: environmental degradation. A recent court victory ruled that a series of culverts owned and operated by the state of Washington violated tribal treaty rights to fish for salmonids at their “usual and accustomed” places.