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Enbridge Line 3 Replacement Project in Minnesota Kittson, Marshall, Pennington, Polk, Red Lake, Clearwater, Hubbard, Wadena, Cass, Crow Wing, Aitkin, St. Louis, and Carlton Counties Section 401 Water Quality Certification
A Minnesota appellate court affirmed the Minnesota Pollution Control Agency's (MPCA's) decision to issue a CWA §401 certification for the Line 3 crude oil pipeline replacement project. Native American tribes and environmental groups challenged the decision, arguing the MPCA failed to consider alter...
Cloud Peak Energy Inc. v. United States Department of the Interior
A district court upheld in part and vacated in part a 2016 rule of the Office of Natural Resources Revenue (ONNR), which effectively changed how royalties owed to the federal government are calculated on oil, gas, and coal produced from federal land and offshore leases as well as coal produced from ...
Missouri v. United States Department of the Interior
A district court denied summary judgment for the state of Missouri in a challenge to the Bureau of Reclamation's approval of a water supply project in North Dakota. Missouri argued the Bureau violated NEPA by failing to prepare an EIS, failing to take a "hard look" at the effectiveness of mitigation...
Pasqua Yaqui Tribe v. United States Environmental Protection Agency
A district court vacated and remanded EPA's and the Army Corps of Engineers' Navigable Waters Protection Rule, which established a new definition of "waters of the United States" under the CWA. EPA and the Corps sought voluntary remand of the rule without vacatur to give them time to revise or repla...
Center for Biological Diversity v. Mayorkas
A district court granted in part and denied in part summary judgment for an environmental group and U.S. congressman in a lawsuit concerning enforcement activity along the U.S.-Mexico border. The plaintiffs argued the Department of Homeland Security (DHS) violated NEPA by failing to issue a suppleme...
Sovereign Iñupiat for a Living Arctic v. Bureau of Land Management
A district court vacated BLM's approval of an oil and gas project in the National Petroleum Reserve in Alaska. Indigenous and environmental groups argued BLM violated NEPA by failing to adequately analyze the effects of the project's downstream greenhouse gas (GHG) emissions in its EIS, failing to c...