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The Future of Pipelines
New oil and gas pipeline construction is increasingly controversial, with environmental and indigenous groups warning of leaks and spills, increased reliance on fossil fuels, and infringement upon indigenous land. Recent setbacks to three projects—the Dakota Access Pipeline, Keystone XL Pipeline, and Atlantic Coast Pipeline—reflect shifting legal, economic, and policy pressures facing new construction. On September 30, 2020, the Environmental Law Institute hosted a panel of experts who explored the emerging challenges facing oil and gas pipelines and discussed their future.
Park County Environmental Council v. Montana Department of Environmental Quality
The Montana Supreme Court affirmed in part a ruling that granted summary judgment for environmental groups in a challenge to the Montana Department of Environmental Quality's (MDEQ's) approval of an exploration license for mining on private land north of Yellowstone National Park. The groups argued ...
Rocky Mountain Wild v. Bernhardt
A district court remanded BLM's authorization and issuance of 59 leases of public land in the Uinta Basin for oil and gas exploration. Conservation groups challenged BLM's decision on several NEPA grounds and sought to have it vacated. The court found that the agency took an appropriately hard look ...
Center for Biological Diversity v. Bernhardt
The Ninth Circuit vacated the Bureau of Ocean Energy Management’s (BOEM’s) approval of an offshore drilling and production facility in the Beaufort Sea. Environmental groups argued that BOEM violated NEPA by arbitrarily and capriciously estimating the environmental consequences of the alternativ...
Columbia Riverkeeper v. United States Army Corp of Engineers
A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to the Army Corps of Engineers' approval of permits for a methanol plant in southwestern Washington. The groups argued that the Corps' EA was insufficient, that the agency should have...
WildEarth Guardians v. Bernhardt
A district court denied a motion to vacate three oil and gas leases issued by BLM in southeastern New Mexico. An environmental group argued BLM violated NEPA by failing to take a "hard look" at the environmental impacts of the leases and failing to sufficiently justify its decision not to prepare an...
Bair v. California Department of Transportation
The Ninth Circuit reversed a lower court ruling that the California Department of Transportation failed to adequately consider the environmental impacts of a proposed highway improvement project in a state park. Residents and environmental groups challenged the project on a variety of grounds, inclu...