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Sierra Club v. Federal Energy Regulatory Commission

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...

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...

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...

Pakootas v. Teck Cominco Metals, Ltd.

A district court denied a mining company's motion for partial summary judgment in a lawsuit concerning pollution from the company's British Columbia smelter along the Upper Columbia River. Tribal members sought natural resource damages for contamination of the river. The company argued the members' ...

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In an unpublished opinion, the Ninth Circuit vacated a district court's judgment reinstating a 2016 moratorium on new coal leasing on public lands that was lifted by a DOI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