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Sierra Club v. Federal Energy Regulatory Commission

The D.C. Circuit denied environmental groups' petition to review FERC's order approving an extension of a natural gas pipeline into North Carolina. The groups specifically challenged the order's approved return on equity rate and the adequacy of the Commission's EIS, arguing that FERC should not hav...

Amending the NEPA Regulations

The Joe Biden Administration has proposed reversing a number of the Donald Trump Administration’s changes to the National Environmental Policy Act (NEPA) regulations by again requiring federal agencies to evaluate the direct, indirect, and cumulative environmental impacts of projects under environmental review. On April 20, 2022, the first phase of those amendments was finalized, and on April 21, the Environmental Law Institute hosted a panel of experts to explore the changes to NEPA implementation, and how they might impact climate change policy and environmental justice.

Environmental Defense Center v. Bureau of Ocean Energy Management

The Ninth Circuit affirmed in part and reversed in part a district court's grant of summary judgment in a challenge to the Bureau of Ocean Energy Management's and the Bureau of Safety and Environmental Enforcement's authorization of well stimulation treatments on offshore oil drilling platforms in t...

Public Employees for Environmental Responsibility v. National Park Service

A district court granted in part and denied in part summary judgment for environmental groups in a challenge to the National Park Service's (NPS') policy directive instructing park superintendents to allow e-bikes in areas where traditional bikes were used, and subsequent rule amending NPS regulatio...

Citizens for a Healthy Community v. United States Department of Interior

A district court granted in part and denied in part BLM's and the Forest Service's motion to remand a challenge to the agencies' approval of a master development plan concerning oil and gas development activities on Colorado's Western Slope. Environmental groups argued the agencies violated NEPA by ...

Annual Review of Chinese Environmental Law Developments: 2021

In China, the year 2021 witnessed the further evolution of environmental protection and development of legislation and rulemaking. This included revision of the Law on the Prevention and Control of Noise Pollution and adoption of the Wetland Protection Law, the Regulations on Administration of Pollutant Discharge Permits, Measures for Administration of Carbon Emissions Trading, judicial interpretations on environmental injunctive orders, and some departmental rules. This Comment summarizes some of the year’s major developments.

Cottonwood Environmental Law Center v. Marten

In an unpublished opinion, the Ninth Circuit affirmed dismissal of a lawsuit concerning the Forest Service's 1987 plan for Custer Gallatin National Forest. An environmental group argued that NEPA obligated the Service to supplement its EIS for the plan after recognizing in 2012 that climate change n...

350 Montana v. Haaland

The Ninth Circuit, 2-1, affirmed in part and reversed in part summary judgment for DOI in a challenge to its approval of a mine expansion proposal in Montana. Environmental groups argued DOI violated NEPA by failing to take a "hard look" at the actual environmental effects of the expansion's greenho...