The Tenth Circuit, 2-1, granted in part an environmental group's challenge to EPA's approval of a Colorado SIP revision certifying that the state's existing, EPA-approved nonattainment new source review permitting program for the Denver Metro-North Front Range area met the requirements for attaining...

A district court dismissed a mining company's challenge to DOI's cancellation of two leases for a proposed copper and nickel mine in Superior National Forest. The company argued the cancellation violated the company's right to successive lease renewals and to be free from government action that is a...

The Ninth Circuit affirmed a district court's denial of a preliminary injunction to halt two projects to thin vegetation in Yosemite National Park in preparation for controlled burns. An environmental group had argued NPS violated NEPA by approving the projects without conducting a full review of th...

The Ninth Circuit affirmed denial of fishing rights to the Lummi Nation in a long-running dispute over rights in certain waters in northern Washington. The Swinomish Indian Tribal Community, the Tulalip Tribes, and the Upper Skagit Indian Tribe argued that the recognized fishing rights of the Lummi ...

The Fifth Circuit denied environmental groups' petition to review the Army Corps of Engineers' issuance of a CWA permit for a proposed liquefied natural gas production and export terminal on the Calcasieu River in Louisiana. The groups argued the Corps failed to adequately consider a particular alte...

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...