A district court dismissed environmental groups' CWA suit against a coal mine for new source performance standard violations. Because the groups filed suit just 11 days after sending the mine its notice of violation, the mine claimed that the groups failed to comply with the 60-day notice requiremen...
A district court dismissed a lawsuit filed by the state of New York and several environmental groups challenging the federal government's decision not to conduct an environmental review under NEPA while the Delaware River Basin Commission drafts and considers regulations that would allow hydraulic f...
The Ninth Circuit held that the U.S. Forest Service complied with NEPA and the NFMA when it approved a fuels reduction project in the Lewis and Clark National Forest. The project involves understory thinning and burning to mitigate the risk of wildfire in the Middle Fork Judith Wilderness Study Area...
The Ninth Circuit held that the U.S. Forest Service's Angora Fire Restoration Project in the Lake Tahoe Basin Management Unit (LTBMU) complies with the National Forest Management Act (NFMA) and NEPA. Environmental groups argued that the NMFA required the Forest Service to demonstrate at the project ...
A California appellate court reversed a lower court decision dismissing environmental groups' lawsuit against a city for violating the California Environmental Quality Act (CEQA) in connection with its approval of a company's proposal to build a large distribution facility. The city filed a notice o...
A district court upheld the U.S. Army Corps of Engineers' decision to issue a CWA §404 permit to a mining company for the construction of a valley fill and sediment pond in conjunction with the Reylas Surface Mine in West Virginia. The Corps' adoption of a compensatory mitigation plan that will rep...
The Ninth Circuit upheld an EPA Environmental Appeals Board (EAB) order denying a native village's petition for review of an NPDES permit authorizing the discharge of wastewater from an Alaskan lead and zinc mine. The village failed to demonstrate why EPA's responses to comments were clearly erroneo...
The Ninth Circuit affirmed in part a lower court decision dismissing an environmental group's lawsuit challenging the U.S. Bureau of Reclamation's annual operating plans for the Glen Canyon Dam along the Colorado River under NEPA, the ESA, and the APA. The group was concerned about the dam's impact ...
A district court held that EPA overstepped its statutory authority under the CWA and SMCRA when it issued guidance on Appalachian surface coal mining permits. EPA argued that the guidance was not final agency action and, thus, not subject to judicial review. But the court disagreed, holding that the...