A district court granted summary judgment for environmental groups in a challenge to FWS' 12-month finding and determination that the eastern hellbender did not warrant listing as a threatened or endangered species under the ESA. The groups argued FWS failed to articulate a rational and legal basis ...

The Tenth Circuit affirmed denial of a preliminary injunction in a challenge to the Office of Natural Resources Revenue's (ONRR's) 2016 rule changing how royalties were calculated for oil and natural gas produced on federal land. A trade group argued the rule was arbitrary and capricious, in violati...

The Ninth Circuit affirmed dismissal of a lawsuit alleging the Forest Service was liable as a contributor under RCRA for failing to regulate use of lead ammunition by hunters in Kaibab National Forest. Environmental groups argued that, even though the Service's activity was not the direct source of ...

The Ninth Circuit granted in part and denied in part a petition to review FERC orders that altered which facilities qualify for benefits under the Public Utility Regulatory Policy Act (PURPA) and how those facilities are compensated. An industry group and several environmental groups argued the orde...

The Fifth Circuit granted oil and gas interest groups' and the state of Texas' petition to review NRC's issuance of a license to a private company to operate a temporary storage facility for spent nuclear fuel on the Permian Basin. Petitioners argued, among other things, that NRC lacked statutory au...

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to the Forest Service's and FWS' approval of a logging project in Kootenai National Forest. The groups argued, among other things, that the Services failed to take a "hard look" at th...

A district court granted in part summary judgment for an environmental group in a challenge to EPA's issuance of recommended water quality criteria for cadmium in 2016. The group argued EPA violated the ESA by failing to consult with expert agencies before issuing the recommended criteria. The Agenc...

The D.C. Circuit granted in part and denied in part petitions to review a Surface Transportation Board order authorizing construction and operation of a new rail line in the Uinta Basin. Environmental groups and a Colorado county argued the Board failed to take a "hard look" at environmental impacts...

A state court held unconstitutional a provision of the Montana Environmental Policy Act that prohibited state agencies from considering the impacts of greenhouse gas (GHG) emissions on climate change in environmental reviews. A group of youths challenged the prohibition, arguing it was causing or co...

A district court dismissed a challenge to President Biden's redesignation of the Bears Ears and Grand Staircase-Escalante National Monuments. The state of Utah and two counties argued the president exceeded his authority under the Antiquities Act by enlarging the two monuments via proclamations, and...