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Birckhead v. Federal Energy Regulatory Commission

The D.C. Circuit denied a petition to review FERC's decision authorizing the construction and operation of a new natural gas compression facility in Tennessee. Landowners and business owners argued that FERC violated NEPA by failing to adequately evaluate alternatives to the facility. The court disa...

National Parks Conservation Ass'n v. Semonite

The D.C. Circuit granted in part the U.S. Army Corps of Engineers' and a power company's request to reconsider a prior court order that vacated a permit for a 17-mile transmission line after finding the Corps failed to prepare an EIS for the line in violation of NEPA. The Corps and power company arg...

Friends of the Wild Swan v. Kehr

In an unpublished opinion, the Ninth Circuit affirmed a summary judgment for the U.S. Forest Service in a challenge to its proposed logging project in Flathead National Forest. Environmental groups argued that the Service violated the National Forest Management Act (NFMA) and NEPA by failing to ensu...

Dine Citizens Against Ruining Our Environment v. Bernhardt

The Tenth Circuit affirmed in part and reversed in part a district court ruling that upheld BLM's approval of oil and gas wells in the Mancos Shale area of the San Juan Basin in northeastern New Mexico. Environmental groups argued that the agency violated the National Historic Preservation Act by fa...

Oregon Natural Desert Ass'n v. Rose

The Ninth Circuit affirmed in part and vacated in part a district court's judgment upholding BLM's and the Interior Board of Land Appeals' decisions concerning recreation and travel management plans for motorized vehicle use in the Steens Mountain Cooperative Management and Protection Area in southe...

Otsego 2000 v. Federal Energy Regulatory Commission

The D.C. Circuit dismissed an environmental group's petition to review FERC's order granting a certificate to a pipeline company to construct and operate compression facilities for one of its projects. The group argued that FERC was required under NEPA to include an evaluation of upstream and downst...

Conservation Law Foundation v. Ross

A district court denied an environmental group's motion for summary judgment in a challenge to NMFS' approval of a fishery management plan amendment that opened up a portion of the western Gulf of Maine to commercial and recreational fishing. The group argued that NMFS wrongly concluded that the ame...

Western Watersheds Project v. Grimm

The Ninth Circuit reversed a dismissal of a lawsuit brought by conservation groups to enjoin USDA from killing gray wolves in Idaho pending additional NEPA analysis. The groups argued before the district court that the agency violated NEPA by failing to prepare an EIS on its wolf management activiti...

Citizens for Clean Energy v. U.S. Department of the Interior

A district court granted in part a challenge to DOI's decision to lift a 2016 moratorium on new coal leasing on public lands. States and environmental groups argued that DOI's decision to lift the moratorium constituted a major federal action subject to NEPA review, and requested that the court orde...