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Arch Coal, Inc. v. Acosta

The D.C. Circuit held that a mining company must exhaust its administrative remedies before it can challenge potential claims filed against it under the Black Lung Benefits Act (BLBA). The BLBA grants coal miners the right to monthly benefits payments from a former employer in the event they suffer ...

PennEnvironment v. PPG Industries, Inc.

A district court held that a company is liable under RCRA for soil and water contamination at a former solid waste disposal area it used and operated in Armstrong County, Pennsylvania. Environmental groups filed motions for partial summary judgment against the company, claiming it was liable because...

M.L. Johnson Family Properties, LLC v. Zinke

A district court upheld a surface coal mining permit issued to a company even though the cotenant objected to any mining on the property. The company cotenant conveyed the right to enter and surface mine coal to an affiliate, but the other cotenant did not consent to surface mining. Nevertheless, th...

Western Organization of Resource Councils v. U.S. Bureau of Land Management

A district court held that BLM violated NEPA by failing to adequately consider climate change in the resource management plans (RMPs) for Buffalo, Wyoming, and Miles City, Montana, both located within the coal-rich Powder River Basin. BLM's EISs failed to consider any alternative that would decrease...

American Petroleum Institute v. Environmental Protection Agency

The D.C. Circuit clarified an earlier ruling vacating portions of a 2015 rule that defined when certain hazardous materials were deemed discarded—as opposed to legitimately recycled—and therefore subject to EPA's oversight under RCRA. In 2017, the court upheld some aspects of the rule and vacate...

Little Traverse Lake Property Owners Ass'n v. National Park Service

The Sixth Circuit affirmed a lower court decision dismissing residents' NEPA lawsuit against the National Park Service (NPS) concerning its approval of a scenic trailway through the Sleeping Bear Dunes National Lakeshore in Michigan. One of the alternative routes for the trailway, which NPS proposed...

In re Border Infrastructure Environmental Litigation

A district court upheld the U.S. Department of Homeland Security's (DHS') decision to waive the legal requirements of NEPA, ESA, and CZMA for two border wall construction projects in San Diego, California. DHS made its waiver determination under §102 of the Illegal Immigration Reform and Immigrant ...