A district court denied USDA's motion to alter judgment in a lawsuit challenging the Natural Resources Conservation Service's (NRCS') 2020 final rule concerning pre-1996 wetland certifications. An environmental group had challenged the rule, arguing it violated the APA, the ESA, and NEPA. The court ...

The D.C. Circuit, 2-1, denied petitions to review FERC's orders requiring a generator to upgrade its circuit breaker in order for another power source to safely connect to the regional transmission grid and requiring the new source to compensate the generator for direct costs of the upgrade. The gen...

A district court granted in part and denied in part summary judgment for environmental groups in a challenge to the Army Corps of Engineers' nationwide permit authorizing the installation of structures in finfish aquaculture operations. The groups argued the Corps did not comply with its obligations...

A district court denied summary judgment for an environmental group in a challenge to the Tennessee Valley Authority's (TVA's) decision to build a gas-fired power plant in Tennessee. The group argued the EA violated NEPA, and that TVA's decision to issue a FONSI and not to prepare an EIS was arbitra...