The D.C. Circuit held that NRC's transfer of authority to New Jersey over nuclear materials within the state was arbitrary and capricious. The NRC may transfer regulatory authority over classes of nuclear materials located within a state to the government of that state. But here, the agency failed t...

The Texas Supreme Court held that the Texas Clean Air Act (TCAA) preempts a city ordinance prohibiting a company from moving its concrete-crushing operations to a new location. The TCAA provides that a municipal ordinance may not prohibit any acts approved or authorized by the Texas Commission on En...

A district court held that BLM must disclose the names of companies who have submitted an "expression of interest" (EOI) in obtaining an oil and gas lease on certain public lands in Colorado. The EOI is the first step in the competitive bidding process for federal oil and gas leases. An environmenta...

A California appellate court upheld a county's approval of a sand and gravel mining pit along a riverbed. An environmental group seeking to overturn the approval argued that the environmental impact report (EIR) that formed the basis of the county's decision violated the California Environmental Qua...

The Louisiana Supreme Court held that a school district may seek remediation damages in excess of those required by state law from oil companies who engaged in oil exploration and production operations on school land. The district sought two types of damages: damages required under state law pursuan...

The Ninth Circuit held that BLM complied with NEPA and FLPMA when it allowed a uranium mine to resume operations, after a 17-year hiatus, under a plan of operations the agency approved in 1988. Environmental groups argued that the 1988 plan of operations became ineffective after the mine closed in t...