A district court denied for lack of jurisdiction 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. The court found that plaintiffs failed to show...

A district court denied environmental groups' motions to preliminarily enjoin construction on an oil project in Alaska's National Petroleum Reserve. One of the groups argued BLM violated NEPA and the Naval Petroleum Reserves Production Act (NPRPA) by failing to consider a reasonable range of alterna...

The Ninth Circuit, 2-1, granted in part and denied in part a city's petition for review of FAA's issuance of an EIS and record of decision allowing a Los Angeles airport to begin construction on a replacement terminal. The city challenged FAA's compliance with NEPA's requirement that an EIS include ...

The Eighth Circuit affirmed a district court ruling granting the state of Minnesota's motion to remand to state court a climate liability lawsuit alleging that fossil fuel producers fraudulently marketed their products and misinformed customers about the dangers of fossil fuel use. Minnesota sued th...

The Fifth Circuit dismissed Louisiana's challenge to the Biden Administration's interim estimates on the social cost of greenhouse gas emissions. Louisiana initially sought to preliminarily enjoin the interim estimates from being used, arguing they were procedurally invalid, arbitrary and capricious...

The Fourth Circuit vacated the West Virginia Department of Environmental Protection's CWA §401 certification for a proposed pipeline that would transport natural gas from West Virginia to southern Virginia. Landowners and environmental groups petitioned for review of the certification, arguing the ...

The Fourth Circuit denied a petition to review the Virginia Department of Environmental Quality's (DEQ's) and the State Water Control Board's approval of a state water permit for a proposed pipeline that would transport natural gas from West Virginia to southern Virginia. Environmental groups argued...

The U.S. Supreme Court held, 6-3, that Montana landowners' challenge to an easement allowing public access to a road running through their property was not time barred. The landowners sued over the scope of the easement under the Quiet Title Act (QTA), arguing the road's public use intruded on their...

A district court granted in part and denied in part summary judgment for environmental groups in a lawsuit concerning FWS' management of grizzly bear recovery in the Bitterroot Ecosystem. The groups argued FWS violated NEPA and the APA by choosing not to implement grizzly bear recovery plans adopted...

A district court granted the Bureau of Ocean Energy Management's (BOEM's) motion to dismiss a challenge to its memorandum designating certain areas in New York as "wind energy areas" for purposes of offshore wind development. A nonprofit group argued BOEM violated NEPA by failing to conduct an EA pr...