89 FR 25497
The National Aeronautics and Space Administration amended and updated its regulations for implementing NEPA, and incorporated updates to its categorical exclusions.
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89 FR 25378
BLM finalized a rule to reduce the waste of natural gas from venting, flaring, and leaks during oil and gas production activities on federal and Indian leases and to ensure that, when federal or Indian gas is wasted, the public and Indian mineral owners are compensated for the wasted gas through royalty payments.
89 FR 22688
The National Telecommunications and Information Administration (NTIA) announced that it will follow the First Responder Network Authority’s NEPA procedures on an interim basis with modifications to account for NTIA's internal organization and establish 30 new categorical exclusions in compliance with NEPA, CEQ regulations, and other related authorities.
Wilderness Society v. U.S. Department of Interior
A district court granted in part and denied in part summary judgment for conservation groups in a challenge to BLM's authorization of a lease sale for oil and gas development in Wyoming. The groups argued BLM failed to take a "hard look" at the potential environmental impacts of the Wyoming sale, as...
Dakota Resource Council v. U.S. Department of Interior
A district court denied summary judgment for conservation groups in a challenge to BLM's authorization of six lease sales for oil and gas development in the western United States. The groups argued BLM failed to take the requisite "hard look" when analyzing the cumulative impact of greenhouse gas em...
89 FR 20470
EPA adopted two categorical exclusions from DOE under NEPA for drop-off, collection, and transfer facilities for recyclable materials and for installation or relocation of machinery and equipment.
Montana Trout Unlimited v. Montana Department of Environmental Quality
The Montana Supreme Court, 5-2, reversed a lower court order that revoked the Montana Department of Environmental Quality's (MDEQ's) approval of a permit for construction and operation of a proposed copper mine. Conservation groups argued MDEQ's issuance of the permit violated the state's Metal Mine...
Montana v. Portland, City of
A magistrate judge recommended that a challenge to the city of Portland's amendments to its land use code imposing certain limits on the construction of new or expanded bulk fossil fuel terminals be dismissed. The state of Montana and fuel industry trade groups argued the amendments violated the dor...
Citizens for Clean Energy v. U.S. Department of the Interior
In an unpublished opinion, the Ninth Circuit vacated a district court's judgment reinstating a 2016 moratorium on new coal leasing on public lands that was lifted by a DOI secretarial order in 2017. Environmental groups, several states, and a tribe argued BLM's final EA and FONSI violated NEPA. DOI ...
Public Citizen, Inc. v. Federal Energy Regulatory Commission
The D.C. Circuit dismissed for mootness a nonprofit group's petition to review FERC's determination that a proposed liquefied natural gas facility in Port St. Joe, Florida, fell outside the Commission's jurisdiction under §3 of the Natural Gas Act. The group's members argued they would suffer econo...