A district court held BLM violated NEPA when it approved 13 oil and gas leases covering 19,788 acres in the Santa Fe National Forest without considering the leases' impacts on climate change. BLM decided an EIS was not warranted based on its FONSI. But BLM failed to take a hard look at the impacts o...
A district court ordered EPA to issue federal implementation plans fully resolving interstate transport obligations under the CAA's "good neighbor" provision for the 2008 ozone NAAQS. EPA conceded that it missed the deadline to do so under the Act. The Agency also acknowledged that it was feasible t...
The Tenth Circuit refused to stay pending interlocutory appeal a lower court order staying BLM's waste prevention rule, which was issued to reduce the venting, flaring, and leaking of natural gas emissions during oil and gas production activities on onshore federal land. California, New Mexico, and ...
The D.C. Circuit upheld amendments EPA made to its CAA regional consistency regulations that allow regional offices to act counter to national policies when ordered to do so by federal circuit courts. EPA issued the amended regulations in 2016 in response to the D.C. Circuit's decision in National E...
A district court dismissed groups' NEPA and CWA claims against the U.S. Army Corps of Engineers in connection with its approval of a 17-mile transmission line across the James River near historic Jamestown, Virginia. The Corps took a "hard look" at the project and properly determined that no EIS was...