A Washington court ordered the state's environmental agency to reconsider its denial of youths' petition asking the agency to adopt rulemaking to limit greenhouse gas (GHG) emissions in accordance with the best available science. The youths had also petitioned the agency to recommend to the state le...

A district court held that the Federal Highway Administration's (FHwA's) record of decision (ROD) and EIS for a proposed tollroad project between Indiana and Illinois violated NEPA. The EIS stated that the purpose and need for the tollroad is to accommodate an anticipated population boom. The purpos...

The Ninth Circuit held that the U.S. Forest Service violated NEPA and other environmental safeguards when it designated over 2 million acres of public land within the Beaverhead-Deerlodge National Forest for use by snowmobiles and other winter motorized vehicles. In 2009, the Forest Service issued a...

Georgia's highest court held that the state's 25-foot buffer zone for development projects along state waters does not apply to wetlands. The applicable statute does not require a buffer for state waters alongside banks without "wrested vegetation." The language at issue states, in pertinent part: "...

The Supreme Court of Alaska reversed a lower court decision that plaintiffs challenging land and water use permits allowing intensive mineral exploration in Alaska's prospective Pebble Mine had "sufficient economic incentive" to warrant the imposition of attorney fees against them. The plaintiffs ha...

The Supreme Court of Alaska held that the state's Department of Natural Resources should have provided public notice before issuing land and water use permits allowing intensive mineral exploration in the prospective Pebble Mine. The Alaska Constitution requires public notice when interests in land ...

A district court held that OSM violated NEPA when it approved the expansion of two Colorado mines. The court agreed with environmental groups that OSM violated NEPA by failing to seek public involvement during the review process and by failing to publish notice of the resulting EAs and FONSIs. OSM a...

The Supreme Court of Texas held that courts may consider all relevant circumstantial evidence when granting or denying an expedited motion to dismiss suits that could stifle a defendant's communication on matters of public concern under the Texas Citizens Participation Act (TCPA). The case arose aft...

A California appellate court held that the state's water resources board did not violate state law when it voted 2-1 to increase water quality permit fees for the 2011-2012 fiscal year. When the board voted for the increase, two of the seats were vacant. A building association challenged the increas...

The Colorado Supreme Court held that state law does not allow a trial court to issue a modified case management order, such as a "Lone Pine" order, that requires a plaintiff to present prima facie evidence in support of a claim before the plaintiff can exercise its full rights of discovery under the...