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Cascadia Wildlands v. Scott Timber Co.

The Ninth Circuit affirmed a district court's permanent injunction in an ESA citizen suit concerning a proposed timber harvesting project on private property in Oregon. Environmental groups argued the project would cause a "take" of marbled murrelets in violation of the ESA by clearing acres of tree...

Nessel v. Enbridge Energy, LP

The Sixth Circuit reversed a district court ruling in a lawsuit concerning the Line 5 Pipeline that runs underwater across the Straits of Mackinac between Michigan’s Lower and Upper Peninsulas. Michigan's attorney general (AG) initially sued the pipeline owner in state court, seeking to enjoin con...

Center for Biological Diversity v. National Marine Fisheries Service

In an unpublished per curiam judgment, the D.C. Circuit affirmed summary judgment for NMFS in a challenge to the Service's 2019 rule regarding turtle excluder devices. Environmental groups argued the final rule was not adequately explained, that it was not a logical outgrowth of the proposed rule th...

Earthworks v. United States Department of the Interior

The D.C. Circuit, 2-1, affirmed summary judgment for BLM in a challenge to the agency's 2003 final rule withdrawing a proposed rule that would have limited the maximum size of "mill sites" for mining claims on federal lands and instead codifying the agency's historical understanding that the governi...

Food & Water Watch v. Federal Energy Regulatory Commission

The D.C. Circuit denied petitions to review FERC's approval of a project that would expand service on a natural gas pipeline running from western Pennsylvania to the New York metropolitan area. A nonprofit group argued FERC's EIS failed to quantify greenhouse gas (GHG) emissions from upstream drilli...