The Ninth Circuit, 2-1, affirmed in part and reversed in part summary judgment for DOI in a challenge to its approval of a mine expansion proposal in Montana. Environmental groups argued DOI violated NEPA by failing to take a "hard look" at the actual environmental effects of the expansion's greenho...
The D.C. Circuit granted in part an environmental group's petition to review FERC's decision authorizing a new natural gas pipeline and compressor station in Massachusetts. The group argued, among other things, that FERC's EA failed to account for reasonably foreseeable indirect effects of the proje...
A district court denied advocacy groups' motion to preliminarily enjoin BLM's gather of wild horses in eastern Nevada. The groups argued BLM violated the Wild Free-Roaming Horses and Burros Act by not developing a herd management area plan, which resulted in an inhumane gather process; violated NEPA...
A district court vacated and remanded BOEM's approval of an oil and gas lease sale covering 80.8 million acres in the Gulf of Mexico. Environmental groups argued that BOEM violated NEPA by failing to include foreign greenhouse gas emissions in its emissions calculation for the "no action" alternativ...
The Fourth Circuit vacated and remanded the Forest Service's and BLM's renewed records of decision (RODs) for an interstate natural gas pipeline to cross through Jefferson National Forest. The groups argued the agencies violated NEPA, the National Forest Management Act (NMFA), and the Mineral Leasin...
A district court granted environmental groups' motion to preliminarily enjoin wildfire logging projects in the Willamette National Forest. The groups argued the Forest Service violated NEPA by failing to perform supplemental analysis for the previously approved projects to account for the effects of...
A district court granted summary judgment for the Federal Highway Administration (FHwA) in a challenge to FHwA's decision to allow the North Carolina Department of Transportation to construct a toll bridge across Currituck Sound near the Outer Banks. Environmental groups argued the decision relied o...
A district court granted in part summary judgment for environmental groups in a challenge to FWS' and the Forest Service's decisions regarding a logging and prescribed burning project in the Helena-Lewis and Clark National Forest. The groups argued the Services violated the ESA by failing to reiniti...
The Ninth Circuit, 2-1, denied a petition for review challenging FAA's decision that found no significant environmental impact stemming from construction and operation of an air cargo facility at the San Bernardino International Airport. The state of California, environmental groups, a union, and in...
A district court granted environmental groups' motion to preliminarily enjoin a logging project in the Willamette National Forest in areas affected by wildfires. The groups argued the Forest Service could not use the road repair and maintenance categorical exclusion (CE) to avoid NEPA review of the ...