A district court affirmed FWS' decision to modify the location of certain planned multi-use trails in Rocky Flats National Wildlife Refuge. Nonprofit groups argued FWS violated NEPA by failing to prepare a supplemental EIS for the trail modifications and improperly relying on categorical exclusions ...
In an unpublished opinion, the Ninth Circuit granted in part and dismissed in part a challenge to two FAA actions concerning a revised flight path at Los Angeles International Airport. The cities of Los Angeles and Culver City argued the FAA violated NEPA, the National Historic Preservation Act (NHP...
The U.S. Supreme Court held, 5-4, that the Natural Gas Act (NGA) authorizes FERC certificate holders to condemn all necessary rights-of-way, whether owned by private parties or states, in a lawsuit concerning construction of a 116-mile natural gas pipeline from Pennsylvania to New Jersey. The compan...
A district court dismissed a challenge to CEQ's adoption of revised regulations implementing NEPA following an allegedly defective notice-and-comment process. Conservation groups argued the revised regulations harmed them or will harm them by making it more difficult and likely more expensive for th...
A district court dismissed a lawsuit concerning BLM's suspension of oil and gas leases sold in Utah in 2018. Environmental groups argued BLM violated NEPA by failing to prepare an EIS prior to suspending the leases. BLM moved to dismiss, arguing the groups lacked standing because the suspensions wer...
The D.C. Circuit vacated FERC's issuance of a certificate of public convenience and necessity for construction of a natural gas pipeline in the St. Louis area. An environmental group argued FERC's decision to award the certificate uncritically and exclusively relied on a precedent agreement between ...
The D.C. Circuit vacated a district court's grant of summary judgment to USDA's Farm Service Agency in a lawsuit concerning the agency's loan approval for a chicken farm in Maryland. An environmental group argued the EA made in connection with the loan approval violated NEPA, and that the EA should ...
A state appellate court upheld, 2-1, a certificate of need and routing permit granted by the Minnesota Public Utilities Commission for replacement of a portion of the Line 3 oil pipeline. Native American tribes and environmental groups challenged the Commission's decision to grant the certificate of...
A district court denied BLM's motion to stay a challenge to a former Secretary of the Interior's order lifting a moratorium on coal leasing. States, environmental groups, and a Native American tribe had challenged the adequacy of BLM's final EA and FONSI in support of its decision to reinstate the l...
A district court granted states' motion to preliminarily enjoin the president's Executive Order pausing new oil and gas leases on public lands and in offshore waters. The states argued the "pause" violated the APA, the Outer Continental Shelf Lands Act (OCSLA), and the Mineral Leasing Act (MLA). The...