Natural Resources

The court holds en banc that the arbitrary and capricious standard of review applies to agency decisions not to prepare an environmental impact statement (EIS) under the National Environmental…

The court upholds Department of the Interior (DOI) regulations allowing state agencies that administer federally approved programs under the Surface Mining Control and Reclamation Act (SMCRA) to…

The court holds that the U.S. Department of Energy (DOE) must prepare a new environmental assessment (EA) for the shipment of 118 spent nuclear fuel rods from Taiwan through the port of Hampton…

The court refuses to enjoin continued construction of the Tennessee-Tombigbee Waterway and rules that plaintiffs are barred by res judicata and collateral estoppel from challenging defendants for…

A district court issued a final order vacating BLM's and the U.S. Forest Service's approval of on-the-ground mining exploration activities in a part of western Colorado's North Fork…

A district court, in a 149-page opinion, held that the government violated the ESA and NEPA when it approved its 2014 biological opinion (BiOp) for the Federal Columbia River Power System (FCRPS)…