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Environmental Defense Center v. Bureau of Ocean Energy Management

The Ninth Circuit affirmed in part and reversed in part a district court's grant of summary judgment in a challenge to the Bureau of Ocean Energy Management's and the Bureau of Safety and Environmental Enforcement's authorization of well stimulation treatments on offshore oil drilling platforms in t...

Public Employees for Environmental Responsibility v. National Park Service

A district court granted in part and denied in part summary judgment for environmental groups in a challenge to the National Park Service's (NPS') policy directive instructing park superintendents to allow e-bikes in areas where traditional bikes were used, and subsequent rule amending NPS regulatio...

Citizens for a Healthy Community v. United States Department of Interior

A district court granted in part and denied in part BLM's and the Forest Service's motion to remand a challenge to the agencies' approval of a master development plan concerning oil and gas development activities on Colorado's Western Slope. Environmental groups argued the agencies violated NEPA by ...

Center for Biological Diversity v. United States Fish and Wildlife Service

The Ninth Circuit, 2-1, affirmed a district court ruling that the Forest Service acted arbitrarily and capriciously in approving a mining operations plan for a copper mine in the Santa Rita Mountains. The Service approved the plan based on its conclusion that §612 of the Surface Resources and Multi...

Cottonwood Environmental Law Center v. Marten

In an unpublished opinion, the Ninth Circuit affirmed dismissal of a lawsuit concerning the Forest Service's 1987 plan for Custer Gallatin National Forest. An environmental group argued that NEPA obligated the Service to supplement its EIS for the plan after recognizing in 2012 that climate change n...

Mountain Valley Pipeline, LLC v. 13.47 Acres of Land

A district court denied a landowner's motion to temporarily enjoin a natural gas pipeline developer from blasting aquifers along a route approved by FERC that crossed his property. The landowner argued the court had jurisdiction because he was not seeking to modify or set aside FERC's certificate fo...

350 Montana v. Haaland

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...

Indigenous Environmental Network v. Trump

A district court dismissed as moot a yearslong lawsuit challenging President Trump's issuance of a presidential permit in 2019 for construction of a cross-border segment of the Keystone XL oil pipeline. Environmental groups had argued the former president violated the Property Clause, the Commerce C...

Food & Water Watch v. Federal Energy Regulatory Commission

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...

Grand Canyon Trust v. Provencio

The Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to the Service’s determination that a mining company held a valid existing right to operate a uranium mine in the Kaibab National Forest. Environmental groups argued that sunk costs should have been considered when e...