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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In an unpublished opinion, the Ninth Circuit vacated a district court's judgment reinstating a 2016 moratorium on new coal leasing on public lands that was lifted by a DOI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...

Bohon v. Federal Energy Regulatory Commission

The D.C. Circuit on remand reinstated its prior judgment in a challenge to FERC's issuance of a certificate for construction of a natural gas pipeline through the Appalachian Mountains. Property owners in the proposed path sued the pipeline owner in district court, raising constitutional challenges ...

Sonda v. West Virginia Oil and Gas Conservation Commission

The Fourth Circuit reversed a district court order abstaining from ruling on constitutional claims brought by mineral interest owners challenging amendments to West Virginia's oil and gas conservation law. Plaintiffs argued the amendments, which for the first time authorized "unitization of interest...

North Cascades Conservation Council v. United States Forest Service

A district court denied an environmental group's motion for summary judgment in a challenge to the Forest Service's approval of a restoration project in Okanogan-Wenatchee National Forest. The group argued the Service violated NEPA and its implementing regulations in designing, analyzing, and implem...

Trenton Threatened Skies, Inc. v. Federal Aviation Administration

The Third Circuit denied petitions to review FAA's FONSI decision approving construction of a new terminal at an airport in New Jersey. Petitioners argued FAA erroneously determined that the project did not expand the terminal and would not induce air traffic growth, failed to consider the cumulativ...

Sovereign Iñupiat for a Living Arctic v. Bureau of Land Management

A district court denied Indigenous and environmental groups' motion for injunction pending appeal of their challenge to BLM's approval of an oil and gas development project in the National Petroleum Reserve-Alaska. The groups initially sought to preliminarily enjoin construction through the remainde...

Earth Island Institute v. United States Forest Service

The Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its approval of a logging project in Inyo National Forest. Environmental groups argued the Service failed to adequately consider alternatives, failed to solicit public comments following its 2018 EA, and failed to s...