The D.C. Circuit granted in part environmental groups' petitions to review FERC orders allowing the Mountain Valley Pipeline project to proceed. The groups argued FERC erred by allowing construction to resume before the pipeline owner reacquired all its other permits, that constructing segments of t...
The Ninth Circuit vacated two district court rulings in challenges to the Forest Service's approval of a logging project in the Idaho Panhandle National Forest. An environmental group sued the Forest Service in two separate suits, arguing it violated the Healthy Forest Restoration Act (HFRA) and NEP...
The D.C. Circuit dismissed in part and denied in part environmental groups' petition to review FERC's approval of a liquefied natural gas project in Alaska. The groups argued the approval violated NEPA and the Natural Gas Act. The court found that FERC considered and reasonably rejected no-action al...
In an unpublished opinion, the Ninth Circuit reversed summary judgment for the Forest Service in a challenge to its authorization of cattle grazing on allotments in Tonto National Forest. A group representing property owners in the area challenged the authorization on NEPA and National Forest Manage...
A magistrate judge recommended that the Forest Service's motion to dismiss be denied in a challenge to a proposed logging project in the Fremont-Winema National Forest. An environmental group argued the Service violated the National Forest Management Act and the APA by failing to provide an adequate...
A magistrate judge recommended that BLM's motion to dismiss be denied in a challenge to its proposed logging project in northwest Oregon. Environmental groups argued BLM's landscape plan for the project violated NEPA by failing to establish baseline environmental conditions, failing to consider sign...
The D.C. Circuit dismissed for mootness a challenge to the Bureau of Ocean Energy Management's (BOEM's) 2021 oil and gas lease sale in the Gulf of Mexico. Environmental groups argued the sale violated NEPA. The district court had concluded BOEM failed to properly follow NEPA procedures, and vacated ...
More severe storms and rising sea levels resulting from the changing climate pose a threat to ecosystems along the U.S. coast. These include beaches, dunes, wetlands, and marshes, which provide significant environmental, recreational, and economic benefits. Practices to sustain these ecosystems are available, but are not well understood, face legal and financial obstacles, and have not been widely implemented. On January 25, 2023, the Environmental Law Institute hosted a panel of experts who explored measures and practices for sustaining beaches and dunes in the face of a changing climate.
A district court granted in part and denied in part North Dakota's motion for preliminary injunction in a lawsuit concerning BLM's "pause" on nearly all quarterly lease sales of federal land in the state for oil and gas exploration in 2021 and 2022. North Dakota argued the "pause" or "cancellation" ...
A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to BLM's second approval of a proposed open pit mine in Nevada. The groups argued BLM failed to adequately protect federal water reserves within the mine area; violated NEPA by failin...