The Federal Circuit affirmed in part and reversed in part a lower court's award of over $10.5 million in damages to Kansas electric companies stemming from the U.S. government's partial breach of its contract for the disposal of spent nuclear fuel. In determining the amount of damages, the trial cou...

The Third Circuit denied petitions for review under NEPA challenging the FAA's approval of an expansion project at the Philadelphia International Airport. The FAA prepared an EIS and conducted an air quality analysis to meet the overlapping requirements of NEPA and the CAA, and EPA submitted comment...

The Third Circuit held that a U.S. Army Corps of Engineers complied with NEPA, the CWA, and the CZMA in its decision to deepen the main channel of the Delaware River by five feet. The Corps' 2009 EA was neither arbitrary nor capricious. The Corps complied with the procedural requirements prescribed ...

A district court held that the U.S. Forest Service violated NEPA, but not the NFMA, in approving the use of herbicides to control invasive plant species in the Wallowa-Whitman National Forest. The Wallowa-Whitman National Forest comprises 2.3 million acres in the northeast corner of Oregon and the w...