A district court held that an environmental group lacked standing to challenge a U.S. Army Corps of Engineers permit issued to an oil company to fill certain wetlands in the National Petroleum Reserve–Alaska for a future drill site. The group's members have not demonstrated the requisite injury in...

The D.C. Circuit dismissed teenagers' lawsuit against the federal government for failing to cap greenhouse gas emissions. Invoking the federal question statute, 28 U.S.C. §1331, as the basis for subject matter jurisdiction, the minors alleged that the federal defendants are trustees of essential na...

A district court dismissed an environmental group's citizen suit in which it alleged a power company was attempting to construct a major modification of its coal-fired power plant in Illinois without a PSD permit in violation of the CAA. The project will physically replace an existing boiler with a ...

A district court held that Minnesota's New Generation Energy Act, which establishes energy and environmental standards related to carbon dioxide emissions, constitutes impermissible extraterritorial legislation and is a per se violation of the dormant Commerce Clause. The statute's plain language ap...

A New Jersey appellate court held that the state's Department of Environmental Protection violated the New Jersey APA when it withdrew from the Regional Greenhouse Gas Initiative (RGGI) program. In 2011, the state posted a notice on the Department's website that is was withdrawing from the RGGI prog...

The Ninth Circuit refused to rehear a case in which it previously ruled that environmental groups lacked standing to compel the Washington State Department of Ecology and other regional agencies to regulate greenhouse gas emissions from the state's five oil refineries under the CAA. One of the judge...

A California court dismissed environmental groups' lawsuit against the California Department of Conservation, Division Oil, Gas and Geothermal Resources (DOGGR) for failing to comply with the California Environmental Quality Act in issuing permits for oil and gas wells that involve hydraulic fractur...

The D.C. Circuit affirmed the dismissal of environmental groups' lawsuit challenging BLM's decision to lease two tracts of land in the Wyoming Powder River Basin for coal mining. The groups argued that BLM failed to adequately consider several environmental concerns, including the increase in local ...

A New York appellate court dismissed New York residents' lawsuit challenging the state's enforcement of the Regional Greenhouse Gas Initiative (RGGI), a carbon dioxide cap-and-trade program that targets emissions from electricity generating power plants in New York and six other states. The resident...