The D.C. Circuit denied a Native American tribe's petition to review NRC's decision to grant a source material license for uranium extraction from ore beds in South Dakota. The tribe initially raised challenges to the license application and NRC's NEPA and National Historic Preservation Act (NHPA) p...

A district court on remand granted environmental groups' request for a permanent injunction in an ESA citizen suit concerning a logging project on private land in Oregon. In initial proceedings, the groups sought a preliminary injunction, arguing the project would result in the taking of marbled mur...

A district court granted summary judgment for environmental groups in a challenge to two BLM resource management plans for coal leasing in Montana and Wyoming. The groups argued BLM violated NEPA by failing to consider a reasonable range of alternatives and failing to consider the downstream impacts...

The D.C. Circuit denied environmental groups' and township's petitions to review FERC's approval of an application for a certificate of public convenience and necessity for a proposed natural gas pipeline project in Pennsylvania and Delaware. The petitioners argued FERC violated NEPA by failing to a...

The D.C. Circuit vacated a district court's grant of summary judgment to EPA in a challenge to the Agency's approval of a permitting program for coal ash disposal facilities in Oklahoma. Environmental groups challenged EPA’s approval on several grounds under RCRA and the APA, and the district cour...

The D.C. Circuit held, 2-1, that an agency must provide notice and an opportunity for public comment when withdrawing a rule that has been filed for public inspection but not yet published in the Federal Register. In January 2017, USDA announced it had finalized a rule designed to protect show horse...

The Tenth Circuit affirmed dismissal of a challenge to FWS' 2018 decision to modify certain trails in the Rocky Flats National Wildlife Refuge. Community groups argued the modifications were significant and that FWS failed to prepare a supplemental EIS and relied on categorical exclusions based on a...

In an unpublished opinion, the Ninth Circuit granted in part environmental groups' petition to review EPA's registration of a new fungicide called inpyrfluxam. The groups argued EPA failed to make an effects determination under §7(a)(2) of the ESA and to consult with federal wildlife agencies, and ...

The Ninth Circuit affirmed summary judgment for FWS in a challenge to its combined EIS and comprehensive conservation plan (CCP) concerning the continued leasing of refuge land for farming in the Klamath Basin National Wildlife Refuge Complex. Environmental groups argued the EIS/CCP violated the Nat...

A district court granted summary judgment for conservation groups in a challenge to NMFS' 2021 issuance of a biological opinion (BiOp) and final rule concerning lobster fishing gear requirements and the endangered North Atlantic right whale. The groups argued the BiOp violated the ESA by allowing fo...