The D.C. Circuit dismissed in part and denied in part environmental groups' petition to review FERC's approval of a liquefied natural gas project in Alaska. The groups argued the approval violated NEPA and the Natural Gas Act. The court found that FERC considered and reasonably rejected no-action al...

In an unpublished opinion, the Ninth Circuit reversed summary judgment for the Forest Service in a challenge to its authorization of cattle grazing on allotments in Tonto National Forest. A group representing property owners in the area challenged the authorization on NEPA and National Forest Manage...

The Sixth Circuit granted the Commonwealth of Kentucky's and business groups' motions to preliminarily enjoin EPA's and the Army Corps of Engineers' 2023 rule revising the definition of "waters of the United States" under the CWA. A district court had denied the motions, concluding plaintiffs lacked...

The D.C. Circuit vacated EPA's withdrawal of its determination to regulate perchlorate in drinking water. An environmental group argued EPA lacked the authority to withdraw the determination under the SDWA, and that even if it did have such authority, it acted arbitrarily and capriciously in doing s...

A magistrate judge recommended that the Forest Service's motion to dismiss be denied in a challenge to a proposed logging project in the Fremont-Winema National Forest. An environmental group argued the Service violated the National Forest Management Act and the APA by failing to provide an adequate...

A magistrate judge recommended that BLM's motion to dismiss be denied in a challenge to its proposed logging project in northwest Oregon. Environmental groups argued BLM's landscape plan for the project violated NEPA by failing to establish baseline environmental conditions, failing to consider sign...

The D.C. Circuit dismissed for mootness a challenge to the Bureau of Ocean Energy Management's (BOEM's) 2021 oil and gas lease sale in the Gulf of Mexico. Environmental groups argued the sale violated NEPA. The district court had concluded BOEM failed to properly follow NEPA procedures, and vacated ...

The Fourth Circuit, 2-1, vacated a district court ruling in a lawsuit concerning the Army Corps of Engineers' plan for maintaining a dam on the Savannah River. The state of South Carolina argued the Corps' plan violated the Water Infrastructure Improvements for the Nation (WIIN) Act because it would...

A district court granted 24 states' motion to preliminarily enjoin EPA's and the Army Corps of Engineers' 2023 rule revising the definition of "waters of the United States" under the CWA. The states argued the rule violated the APA, the Commerce Clause, the Tenth Amendment, the Due Process Clause, a...

A district court granted Texas' and Idaho's motion to preliminarily enjoin EPA's and the Army Corps of Engineers' 2023 rule revising the definition of "waters of the United States" under the CWA. The states sought to enjoin the rule within their borders, arguing it was unconstitutional and violated ...