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WildEarth Guardians v. U.S. Bureau of Land Management
A district court vacated 287 oil and gas leases that BLM issued on 145,000 acres of federal land in Montana. Environmental groups argued that the agency violated NEPA by failing to consider the leases' impacts on groundwater from shallow fracturing and surface casing depth. The court found that the ...
Idaho Conservation League v. U.S. Forest Service
A district court vacated an EA and FONSI issued by the Forest Service approving a mining company to explore for gold on public lands near the Idaho-Montana border. Environmental groups previously argued before the court that the Forest Service failed to take a hard look at the impacts on groundwater...
Delaware Riverkeeper Network v. Sunoco Pipeline L.P.
A district court dismissed a challenge to a pipeline company's failure to seek a CWA permit for construction of a natural gas pipeline in Pennsylvania. A conservation group argued the company violated the CWA by failing to obtain an NPDES permit for its stormwater discharges after construction began...
Gulf Restoration Network v. Bernhardt
A district court granted summary judgment to the Bureau of Ocean Energy Management (BOEM) in a challenge to the agency's decision to hold oil and gas lease sales in the Gulf of Mexico. Environmental groups argued that BOEM failed to evaluate a "true" no-action alternative in its EIS by assuming that...
Bristol Bay Economic Development Corp. v. Hladick
A district court dismissed a challenge to EPA's decision to withdraw proposed restrictions pursuant to CWA §404(c) for the proposed Pebble Mine in Southwest Alaska. Nonprofit groups argued the decision was arbitrary and capricious, in violation of the APA. EPA argued the exercise of its authority u...
Maui, Hawaii v. Hawaii Wildlife Fund
The U.S. Supreme Court held, 6-3, that the "functional equivalent of a direct discharge" of pollutants requires a CWA permit, and remanded for consideration of whether a discharge of pollutants into groundwater that later discharged into the Pacific Ocean meets this standard. Environmental groups ar...
NEPA’s Trajectory: Our Waning Environmental Charter From Nixon to Trump?
Heralded in 1970 as the nation’s environmental Magna Carta, the National Environmental Policy Act’s (NEPA’s) luster seems faded and its future uncertain. While Trump Administration initiatives threaten to diminish further and perhaps even dismantle aspects of NEPA, this Article chronicles how the current assault merely continues NEPA’s unfortunate trajectory, examining how the courts, the U.S. Congress, and the executive branch each have whittled away at the Act. NEPA consequently sits at a critical juncture: it could soon fade away or it could hew back toward its original promise.
Friends of the Capital Crescent Trail v. United States Army Corps of Engineers
A district court upheld a CWA §404 permit the U.S. Army Corps of Engineers granted to authorize the Maryland Transit Administration (MTA) to discharge dredge-and-fill materials into nearby waters during construction of a light rail project, known as the Purple Line project, that would connect subur...
Gulf South Pipeline Co., LP v. Federal Energy Regulatory Commission
The D.C. Circuit vacated FERC's refusal to allow a natural gas pipeline company to impose incremental-plus rates to cover the costs of an expansion project. The company argued that FERC should have approved the incremental-plus rates and that its failure to do so was arbitrary and capricious. The co...