A district court granted in part and denied in part federal agencies' motion for remand and partial vacatur in a challenge to a decision granting a right-of-way for construction of a new highway through the Red Cliffs National Conservation Area in Utah, a critical habitat for the Mojave Desert torto...
The Ninth Circuit affirmed summary judgment for an environmental group in a suit against a California resident who engaged in instream suction dredge mining in Idaho’s South Fork Clearwater River without an NPDES permit. The group argued the resident violated the CWA each time he operated a suctio...
In an unpublished opinion, the Ninth Circuit affirmed a district court ruling that granted two cities' motion to remand to state court climate liability suits brought against five oil and gas companies. The cities of San Francisco and Oakland initially sued the companies in state court, arguing the ...
The Fifth Circuit, 2-1, granted six small refineries' petitions to review an EPA decision denying their requested exemptions from obligations under the CAA Renewable Fuel Standard (RFS) program. The refineries challenged two actions—EPA's denial of 36 petitions from 36 small refineries seeking exe...
A district court denied the city of New Orleans' motion to remand to state court its lawsuit against oil companies for allegedly damaging coastal wetlands with their operations. The city initially sued the companies in state court, arguing they violated the Louisiana State and Local Coastal Resource...
The Fifth Circuit dismissed intervening environmental groups' challenge to a district court order requiring the Bureau of Ocean Energy Management (BOEM) to hold an oil and gas lease sale on the outer continental shelf in the Gulf of Mexico. The state of Louisiana and oil companies initially sued BOE...
The Fifth Circuit vacated the Texas Commission on Environmental Quality's (TCEQ's) order granting a PSD permit for a new liquefied natural gas (LNG) facility in Texas. An environmental group petitioned for review, arguing TCEQ erred by not imposing the same emissions limits for carbon monoxide and n...
A district court denied environmental groups' motion to preliminarily enjoin an oil drilling project in Wyoming's Powder River Basin. The groups argued DOI's initial approval of the project violated NEPA by failing to take a "hard look" at relevant environmental issues, violated FLPMA by failing to ...
A district court denied fishing groups' motion to remand a climate liability lawsuit against oil and gas companies. The groups initially sued in state court, seeking damages for lost fishing opportunities allegedly caused by climate change. The companies removed the suit to federal court under the C...
A district court dismissed environmental groups' challenge to BLM's approval of a 600-million-barrel oil development project in the National Petroleum Reserve-Alaska. The groups first argued BLM violated NEPA by failing to consider a reasonable range of alternatives and by failing to adequately anal...