A district court struck down BLM's 2016 rule promulgating new regulations to reduce natural gas waste during oil and gas production activities on federal land and Indian leases. States argued that the rule exceeded BLM's statutory authority and was otherwise arbitrary and capricious. The court found...
A district court denied a steel mill owner's motion to preliminarily enjoin construction of a gas pipeline in Texas. The owner argued that the Army Corps of Engineers authorized the construction in violation of the CWA, the ESA, and NEPA. The court found that the owner had not clearly demonstrated a...
A district court dismissed for lack of standing a challenge to the Tennessee Valley Authority's (TVA's) rate change for customers in its seven-state service area. Environmental groups argued that TVA violated NEPA by enacting the rate change based on a deficient EA, by failing to consider the enviro...
The Ninth Circuit affirmed, 2-1, a ruling in a lawsuit concerning the Trump Administration's use of military construction funds to build portions of a border wall along the U.S.-Mexico border. States and an environmental group challenged the Administration's authority to divert funds appropriated fo...
This October Term, the U.S. Supreme Court will be asked to weigh in on three and possibly all four of its pending original jurisdiction controversies over interstate waters. The Court’s past judgments and opinions have established little in the way of “federal common law” governing the states’ interests in shared waters. But they have established this much: these interests vest in states-as-states directly under the U.S. Constitution, even if the Court itself is reluctant to specify the interests with much precision or to enjoin violations thereof.
In County of Maui v. Hawaii Wildlife Fund, the U.S. Supreme Court held, 6-3, that the Clean Water Act requires a national pollutant discharge elimination system permit “when there is the functional equivalent of a direct discharge.” The Court also decided Atlantic Richfield Co. v. Christian, holding, 7-2, that landowners adjacent to a Superfund site were potentially responsible parties under the Comprehensive Environmental Response, Compensation, and Liability Act.
A district court denied environmental groups' motion to preliminarily enjoin or stay a rule issued by CEQ revising the regulations for federal agencies to follow in implementing NEPA. The groups argued that the rule was inconsistent with NEPA because, among other things, it improperly removed the re...