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Gwich'in Steering Committee v. Bernhardt

A district court denied motions to preliminarily enjoin BLM from issuing oil and gas leases and authorizing seismic activity in the Arctic National Wildlife Refuge. Indigenous and environmental groups argued that BLM violated, among other statutes, the Alaska National Interest Lands Conservation Act...

Texas v. United States Environmental Protection Agency

The Fifth Circuit denied petitions to review EPA's 2018 redesignation of Bexar County, Texas, from attainment to nonattainment and designation of three neighboring counties as attainment/unclassifiable for 2015 ozone NAAQS. Texas argued EPA only had authority to change the state's recommended design...

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.

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...