The Fifth Circuit vacated a district court's issuance of a nationwide preliminary injunction enjoining the Biden Administration from pausing new oil and gas lease sales on federal lands. Thirteen states filed suit against the Administration after the president issued Executive Order No. 14008, chall...

The Ninth Circuit, 2-1, affirmed a district court ruling that the Forest Service acted arbitrarily and capriciously in approving a mining operations plan for a copper mine in the Santa Rita Mountains. The Service approved the plan based on its conclusion that §612 of the Surface Resources and Multi...

A district court dismissed as moot a yearslong lawsuit challenging President Trump's issuance of a presidential permit in 2019 for construction of a cross-border segment of the Keystone XL oil pipeline. Environmental groups had argued the former president violated the Property Clause, the Commerce C...

The Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to the Service’s determination that a mining company held a valid existing right to operate a uranium mine in the Kaibab National Forest. Environmental groups argued that sunk costs should have been considered when e...

A district court denied Oklahoma's motion for preliminary injunction in a lawsuit concerning OSM's decision to strip the state of its regulatory authority over surface mining on the Muscogee (Creek) Nation's reservation. Oklahoma sought to enjoin OSM from enforcing its decision, arguing that the sta...

A district court granted EPA's motion to remand and vacate the Agency's 2019 decision to withdraw a proposed determination that would have restricted a copper and gold mine from using certain waters at disposal sites for dredged and fill material. The court found that neither retention of jurisdicti...

A district court denied environmental groups' motion to reconsider its prior decision in a lawsuit concerning DOI's renewal of mining leases for a proposed copper-nickel mine in northeastern Minnesota. The groups argued new evidence retrieved through third-party FOIA requests—communications from 2...

A district court denied environmental groups' motion to intervene in a lawsuit concerning the president's Executive Order pausing new oil and gas lease sales on public lands. The groups maintained that their interests might not be adequately represented by the existing parties, arguing that although...

The Minnesota Supreme Court affirmed in part and reversed in part a lower court ruling reversing a permit to mine and dam-safety permits for a copper-nickel mine in Minnesota. Environmental groups and a Native American tribe challenged the Minnesota Department of Natural Resources' (MDNR's) issuance...

The Fourth Circuit affirmed summary judgment for a coal company in a lawsuit concerning the company's alleged mine pollution discharges that had been permitted under a CWA permit. Environmental groups argued the company violated SMCRA by discharging pollutants from point sources at its now-inactive ...