The First Circuit affirmed summary judgment for the Bureau of Ocean Energy Management (BOEM) and NMFS in a challenge to BOEM's approval for construction of a wind power project off the coast of Massachusetts. A group of Nantucket residents argued NMFS violated the ESA by issuing a deficient biologic...

The First Circuit affirmed summary judgment for NMFS in a challenge to the Service's issuance of an incidental harassment authorization (IHA) for construction of a wind power project off the coast of Massachusetts. A part-time Martha's Vineyard resident argued NMFS' determination that the IHA, which...

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 ...

A district court denied tribes' and conservation groups' request to preliminarily enjoin construction of a transmission line through the San Pedro Valley in Arizona. The plaintiffs argued BLM violated the National Historic Preservation Act when it authorized construction to begin without assessing t...

The U.S. Supreme Court unanimously held that the Takings Clause does not distinguish between legislative and administrative land use permit conditions, in a lawsuit concerning a traffic impact fee as a condition of building a prefabricated home on a parcel of land. The landowner challenged the fee a...

The U.S. Supreme Court unanimously held that Texas property owners should be permitted to pursue claims under the Takings Clause through an inverse-condemnation cause of action available under Texas law. Over 120 property owners argued that a Texas highway elevation and expansion project, which buil...

A district court granted summary judgment for 21 states in a challenge to the Federal Highway Administration's (FHwA's) rule requiring each state to set declining targets for tailpipe carbon dioxide (CO2) emissions from vehicles on the National Highway System. The states argued requiring automobile ...

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...

A district court granted summary judgment for the state of Texas in a challenge to the Federal Highway Administration's (FHwA's) 2023 rule requiring states to measure, report, and set declining targets for the amount of carbon dioxide emitted by vehicles using the interstate and national highway sys...