The D.C. Circuit dismissed for mootness a challenge to the Bureau of Ocean Energy Management's (BOEM's) 2021 oil and gas lease sale in the Gulf of Mexico. Environmental groups argued the sale violated NEPA. The district court had concluded BOEM failed to properly follow NEPA procedures, and vacated ...
In China, the year 2022 witnessed the further evolution of environmental protection and development of legislation and rulemaking. This mainly included adoption of the Black Soil Protection Law and the Yellow River Protection Law, as well as revision of the Animal Husbandry Law and the Wildlife Protection Law. This Comment summarizes some of the year’s major developments.
A district court denied environmental groups' motions to preliminarily enjoin construction on an oil project in Alaska's National Petroleum Reserve. One of the groups argued BLM violated NEPA and the Naval Petroleum Reserves Production Act (NPRPA) by failing to consider a reasonable range of alterna...
The Ninth Circuit, 2-1, granted in part and denied in part a city's petition for review of FAA's issuance of an EIS and record of decision allowing a Los Angeles airport to begin construction on a replacement terminal. The city challenged FAA's compliance with NEPA's requirement that an EIS include ...
Prior to Russia’s invasion of Ukraine, the direct targeting of nuclear power plants (NPP) was largely unimaginable in armed conflict. International humanitarian law (IHL) requires their protection, but since February 2022, Russia has directly targeted nuclear facilities, including the nonoperational Chornobyl NPP and the operational Zaporizhzhia NPP. This Article documents how NPPs in Ukraine have come under direct attack, been occupied, and used for military purposes.
A district court granted the Bureau of Ocean Energy Management's (BOEM's) motion to dismiss a challenge to its memorandum designating certain areas in New York as "wind energy areas" for purposes of offshore wind development. A nonprofit group argued BOEM violated NEPA by failing to conduct an EA pr...
A district court denied summary judgment for environmental groups in a challenge to the Forest Service's approval of a proposed mining exploration project on public land in the eastern Sierra Nevadas. The groups argued the Service violated NEPA by relying on two categorical exclusions—for mineral ...