The Ninth Circuit held that it lacks subject matter jurisdiction over environmental groups' citizen suit challenging the Montana Department of Environmental Quality's potential approval of a surface mining permit. The groups argued that the agency director would be in violation of SMCRA if she appro...

A district court denied an environmental group's motion to preliminarily enjoin BLM from issuing oil and gas leases in central and southwest Nevada due to allegedly defective environmental analyses. Although BLM has conducted a lease sale, it retains discretion to issue any leases resulting from tha...

The Seventh Circuit dismissed an environmental group's lawsuit challenging EPA's decision not to object to Wisconsin's renewal of a Title V permit for a pre-1975 paper mill. Under the CAA's PSD program, emissions from pre-1975 sources count as part of the emissions baseline and not toward the overal...

A district court ordered an environmental group to pay $6.4 million in attorney fees in a citizen suit it filed against the owners of a Texas coal-fired power plant for alleged CAA violations. Below, the court dismissed the group's claims that the plant violated the Act's particulate matter (PM) and...

The Tenth Circuit held that an energy company may cross private property in order to develop new oil well sites under the property owner's surface estate as well as to access one of its existing wells located on adjacent BLM property. The only way to access the well on the BLM property is via a road...

The D.C. Circuit denied residents' petitions for review challenging FERC's approval of a new natural gas compressor station in their town. Although the project is now finished and functional, the petitions are not moot because the residents assert that the compressor's operation continues to harm th...

A Michigan appellate court upheld the state environmental agency's decision to grant a groundwater discharge permit to a company in connection with its plan to develop an underground mine to extract nickel and copper from the sulfide ores beneath the headwaters of the Salmon Trout River. The permit,...

A Michigan appellate court upheld the state environmental agency's decision to grant mining and discharge permits to a company to develop an underground mine to extract nickel and copper from the sulfide ores beneath the headwaters of the Salmon Trout River. Environmental groups opposed the permits,...

The Sixth Circuit, in an unpublished opinion, upheld the dismissal of claims that FHwA violated NEPA when it approved a $2.6 billion construction and transportation management project designed to improve mobility across the Ohio River in Louisville, Kentucky. Despite a nonprofit group's arguments to...