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Idaho Conservation League v. U.S. Forest Service

A district court held that the U.S. Forest Service violated NEPA in connection with its approval of the "CuMo" project, a five-year mining exploration project located within the Boise National Forest in Idaho. The Forest Service failed to take a hard look at the project's impacts on the Sacajawea’...

Sierra Club v. Federal Energy Regulatory Comm'n

The D.C. Circuit dismissed an environmental group's petition challenging FERC's authorization of an increase in production capacity at a liquefied natural gas terminal in Louisiana. The group argued that FERC failed to consider certain environmental consequences of its authorization in violation of ...

Public Employees for Environmental Responsibility v. Hopper

The D.C. Circuit reversed and remanded a lower court decision that the Bureau of Ocean Energy Management (BOEM) complied with NEPA and that FWS complied with the ESA in connection with a wind energy project on Nantucket Sound. Environmental groups had filed suit against a number of agencies alleging...

Sierra Club v. Federal Energy Regulatory Comm'n

The D.C. Circuit dismissed environmental groups' petition challenging FERC's decision authorizing a liquefied natural gas company to redesign its terminal in Texas to support export operations. The groups argued that FERC's analysis of the proposal’s impact on the environment violated NEPA. But to...

New York v. U.S. Nuclear Regulatory Commission

The D.C. Circuit denied several states', environmental groups', and Native Americans' petitions for review challenging an NRC rule and generic EIS concerning the continued, and possibly indefinite, storage of spent fuel from nuclear power plants in the United States. The petitioners argued that NRC ...

Protect Our Communities Foundation v. Jewell

The Ninth Circuit upheld BLM's decision to grant a right-of-way allowing a wind energy project to be built and operated on federal lands in southeast San Diego County. Community groups argued that BLM violated NEPA, the Migratory Bird Treaty Act (MBTA), and the Bald and Golden Eagle Protection Act i...

Oregon Natural Desert Ass’n v. Jewell

The Ninth Circuit held that BLM’s approval of a wind-energy development project in southeastern Oregon failed to adequately address impacts to the greater sage grouse in violation of NEPA. The challenged project entails the construction of wind turbines and a right-of-way across a sagebrush landsc...

National Wildlife Federation v. National Marine Fisheries Service

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) and its impact on salmon and steelhead. The FCRPS consists of hydroelectric dams, powerhouses, and assoc...