Adorers of the Blood of Christ v. Transcontinental Gas Pipe Line Co LLC
The Third Circuit affirmed a lower court's dismissal of a religious group's challenge to FERC's approval of a natural gas pipeline along land owned by the group. The group argued that the use of its land to facilitate extraction, transportation, and use of fossil fuels violated its religious beliefs...
Oakland v. BP P.L.C.
A district court on remand granted San Francisco's and Oakland's motion to remand to state court the cities' lawsuits alleging that six oil companies produce and promote products that create a public nuisance—sea-level rise—when combusted. The court previously denied the motion, finding that eva...
Missouri v. Biden
The Eighth Circuit affirmed a district court's dismissal of states' challenge to the Biden Administration's interim estimates on the social costs of greenhouse gas emissions. The states had sought to preliminarily enjoin federal officials, departments, and agencies from using the estimates "as bindi...
Playing the Long Game: Expediting Permitting Without Compromising Protections
The Biden Administration’s efforts to promote clean energy have prompted calls for permit reform. A clean energy economy demands a global increase in mineral production, and some suggest environmental standards must be loosened. This premise fails to distinguish among causes of delay in the permitting process, and increased demand for minerals should not overshadow the productive purposes served by permitting. At the same time, there are opportunities to improve permitting without compromising health and safety standards.
Cascade Forest Conservancy v. United States Forest Service
In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its planned road construction project near Mount St. Helens to address the threat of a nearby lake's potential breach. Environmental groups argued the project violated NEPA and the Nationa...
Plaquemines Parish v. Chevron USA
The Fifth Circuit affirmed a district court's order remanding back to state court a lawsuit brought against oil companies concerning their operations during World War II. Louisiana parishes initially filed suit in state court, arguing the companies had violated Louisiana's State and Local Coastal Re...