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Louisiana v. Biden
A district court denied environmental groups' motion to intervene in a lawsuit concerning the president's Executive Order pausing new oil and gas lease sales on public lands. The groups maintained that their interests might not be adequately represented by the existing parties, arguing that although...
Friends of the Capital Crescent Trail v. United States Army Corps of Engineers
In an unpublished opinion, the Fourth Circuit upheld the Army Corps of Engineers' decision to grant Maryland a CWA §404 permit for a mass transportation project. An environmental group and state residents argued that the Corps granted the permit without considering alternatives other than the optio...
NorthMet Project Permit to Mine Application Dated December 2017
The Minnesota Supreme Court affirmed in part and reversed in part a lower court ruling reversing a permit to mine and dam-safety permits for a copper-nickel mine in Minnesota. Environmental groups and a Native American tribe challenged the Minnesota Department of Natural Resources' (MDNR's) issuance...
Minnesota Power’s Petition for Approval of the EnergyForward Resource Package
The Minnesota Supreme Court reversed an appellate court ruling that held the Minnesota Public Utilities Commission erred by approving affiliated-interest agreements for construction and operation of a power plant in a neighboring state without first considering whether environmental review was neces...
Rio Hondo Land & Cattle Co., L.P. v. United States Environmental Protection Agency
The Tenth Circuit denied a company's petition to review an Environmental Appeals Board (EAB) decision denying its petition to review a 2017 permit issued by EPA to an upstream wastewater treatment plant. In its petition, the company argued the permit constituted backsliding under the CWA, particular...
The Blackstone Headwaters Coalition, Inc. v. Gallo Builders, Inc.
The First Circuit affirmed in part and reversed in part a ruling in a CWA citizen suit brought against developers of a construction site in Worcester, Massachusetts. An environmental group argued that one developer violated the CWA by failing to obtain a general construction permit, and that both de...
Standing Rock Sioux Tribe v. United States Army Corps of Engineers
The D.C. Circuit denied a pipeline developer's petition to rehear en banc the Circuit's panel decision upholding a district court ruling that the developer's easement for the Dakota Access pipeline violated NEPA. , full_html...