The Ninth Circuit affirmed judgment for the Department of Homeland Security (DHS) in a challenge to the Department's implementation of the Deferred Action for Childhood Arrivals (DACA) program and other immigration programs and policies. Plaintiffs argued DHS violated NEPA by failing to consider the...
The D.C. Circuit granted in part and dismissed in part petitions to review FERC's decision authorizing construction and operation of three liquefied natural gas export terminals in Texas. Environmental groups, residents, and a nearby city argued that FERC's analyses of the terminals' impacts on clim...
A district court affirmed FWS' decision to modify the location of certain planned multi-use trails in Rocky Flats National Wildlife Refuge. Nonprofit groups argued FWS violated NEPA by failing to prepare a supplemental EIS for the trail modifications and improperly relying on categorical exclusions ...
In an unpublished opinion, the Ninth Circuit granted in part and dismissed in part a challenge to two FAA actions concerning a revised flight path at Los Angeles International Airport. The cities of Los Angeles and Culver City argued the FAA violated NEPA, the National Historic Preservation Act (NHP...
A district court dismissed a challenge to CEQ's adoption of revised regulations implementing NEPA following an allegedly defective notice-and-comment process. Conservation groups argued the revised regulations harmed them or will harm them by making it more difficult and likely more expensive for th...
A district court dismissed a lawsuit concerning BLM's suspension of oil and gas leases sold in Utah in 2018. Environmental groups argued BLM violated NEPA by failing to prepare an EIS prior to suspending the leases. BLM moved to dismiss, arguing the groups lacked standing because the suspensions wer...
The D.C. Circuit vacated a district court's grant of summary judgment to USDA's Farm Service Agency in a lawsuit concerning the agency's loan approval for a chicken farm in Maryland. An environmental group argued the EA made in connection with the loan approval violated NEPA, and that the EA should ...
A district court denied BLM's motion to stay a challenge to a former Secretary of the Interior's order lifting a moratorium on coal leasing. States, environmental groups, and a Native American tribe had challenged the adequacy of BLM's final EA and FONSI in support of its decision to reinstate the l...
A district court remanded without vacatur oil and gas lease sales approved by BLM in greater sage-grouse habitat in Montana and Wyoming. Conservation groups argued BLM violated NEPA by failing to consider their proposed alternative of deferring priority sage-grouse habitat and failing to take a "har...
A district court denied environmental groups' motion for summary judgment in a challenge to the Forest Service's approval of a road reopening project in grizzly bear habitat in the Idaho Panhandle National Forest. The groups argued the Service's approval of the project violated NEPA and the National...