The Ninth Circuit, 2-1, reversed summary judgment for the Forest Service in a challenge to its approval of a mineral exploration project on land in Inyo National Forest. Environmental groups argued the Service violated NEPA by combing two categorical exclusions (CEs) when neither alone could be invo...
The Fifth Circuit, 2-1, affirmed two district courts' orders remanding to state court lawsuits brought by Louisiana parishes against various oil and gas companies. The parishes initially sued in state court, arguing the companies violated Louisiana’s State and Local Coastal Resources Management Ac...
The D.C. Circuit rejected challenges to renewable fuels standards EPA set for 2020, 2021, and 2022. Cellulosic biofuel producers argued the standards were set too low, and petroleum refiners argued they were set too high. Specifically, the biofuel producers argued EPA misinterpreted or unreasonably ...
The Third Circuit denied power companies' petition to review EPA's issuance of a federal implementation plan (FIP) establishing nitrogen oxide (NOx) emission limits for selective catalytic reduction-equipped coal-fired electric generating units in Pennsylvania to address reasonably available control...
The D.C. Circuit affirmed summary judgment for the Army Corps of Engineers and NMFS in a challenge to approval of a dredging project in Puerto Rico's San Juan Bay. Environmental groups argued the agencies failed to take the necessary "hard look" at the project's environmental effect. The district co...
The Fifth Circuit rejected an environmental group's challenge to the Louisiana Department of Environmental Quality's (LDEQ's) decision to issue preconstruction permits for a liquefied natural gas export facility in Cameron Parish. The group sought to have LDEQ's decision vacated, arguing the facilit...
The D.C. Circuit denied environmental groups' petition to review FERC's certification of an interstate natural gas pipeline expansion project. The groups argued FERC violated NEPA by failing to consider the full scope of the project's environmental effects because the EIS did not include four other ...
The Fifth Circuit denied environmental groups' petition to review DOT's approval of a license to construct and operate a large deepwater oil facility off the Texas coast. The groups argued the final EIS applied a "flawed" alternatives analysis and "grossly underestimated" the facility's environmenta...
The D.C. Circuit denied an environmental group's petitions to review FERC's decision to grant time extensions for two developers to complete natural gas pipeline projects. The group argued FERC was too permissive in finding "good cause" to grant the extensions. The court found FERC followed its reas...
The D.C. Circuit upheld EPA's 2022 decision to reinstate a prior waiver of federal preemption of two California regulations concerning automobile emissions under the CAA. States and fossil fuel groups challenged the regulations—a standard limiting greenhouse gas emissions and a requirement that a ...