The Tenth Circuit affirmed a district court ruling upholding BLM's approval of a development project on state and federal land in southwestern Wyoming. Conservation groups argued BLM violated NEPA by failing to adequately consider impacts of the project on sage-grouse populations and pronghorn antel...

The Ninth Circuit, 2-1, denied the city of San Francisco's challenge to an EPA order denying review of the city's NPDES permit for a combined sewer system and wastewater treatment facility. The city argued EPA violated the CWA by including in the permit two general narrative prohibitions on discharg...

The Seventh Circuit affirmed summary judgment for the Army Corps of Engineers in a challenge to its decision to continue an over century-old project that involves building river training structures to maintain the navigable channel in the Middle Mississippi River. Environmental groups argued that th...

A district court granted a pipeline company's motion to preliminarily enjoin enforcement of an Iowa county zoning ordinance promulgated in response to the company's proposed carbon dioxide pipeline. The company argued the ordinance was preempted by the federal Pipeline Safety Act and by Iowa Code §...

A district court denied summary judgment for environmental groups in their challenge to the Army Corps of Engineers' approval of a navigation improvement project in San Juan Harbor in Puerto Rico. The groups sued the Corps, NMFS, and FWS, arguing they violated the ESA, NEPA, and the CWA. With respec...

The D.C. Circuit dismissed for lack of jurisdiction a challenge to two FERC orders approving construction and operation of a natural gas compressor station in Massachusetts. Residents, municipalities, and an environmental group petitioned for review of the orders—one granting the station owner's r...

In an unsigned order, the U.S. Supreme Court granted Mountain Valley Pipeline proponents' emergency application to vacate two Fourth Circuit orders halting construction of the 303-mile natural gas pipeline. The high court vacated the appellate court's July 10, 2023, and July 11, 2023, orders staying...

A district court granted EPA's and the Army Corps of Engineers' motion to stay Texas' and Idaho's challenge to the Biden Administration's 2023 rule revising the definition of "waters of the United States" under the CWA. The court stayed the suit until publication in the Federal Register of the agenc...

The Tenth Circuit affirmed denial of conservation groups' claims in a lawsuit concerning the Bureau of Reclamation's decision to sign a water contract allowing the state of Utah to draw from reservoir releases rather than the Green River and its tributaries. The groups argued the Bureau violated NEP...

The Eighth Circuit affirmed summary judgment for the Bureau of Reclamation in a challenge to the Bureau's decision to move forward with a water reclamation project in North Dakota. The state of Missouri argued the Bureau violated the Water Supply Act by moving forward without first getting approval ...