A district court enjoined construction on a dam expansion project in Colorado in environmental groups' challenge to the Army Corps of Engineers' issuance of a dredge and fill permit. The court previously held the Corps failed to comply with the CWA and NEPA when it issued the permit. The court subse...
The Sixth Circuit denied environmental groups' petition to review the Tennessee Department of Environment and Conservation's (TDEC's) order issuing a water quality certification for a proposed fossil gas pipeline in Tennessee. The groups argued TDEC arbitrarily and capriciously determined that ...
A district court granted in part and denied in part summary judgment for an environmental group in a challenge to a BLM tree thinning and harvesting project in Oregon. The group argued BLM should have prepared an EIS and failed to take a "hard look" at effects on recovery and survival of the no...
A district court granted in part and denied in part summary judgment for environmental groups in a challenge to the Bureau of Ocean Energy Management's (BOEM's) approval of a 2023 offshore oil and gas lease sale in the Gulf of Mexico. The groups argued BOEM's assessment of greenhouse gas emissions, ...
A district court vacated DOI's termination of seven lease agreements with the Alaska Industrial Development and Export Authority (AIDEA) for development of oil and gas resources in the Arctic National Wildlife Refuge. AIDEA argued DOI deprived it of due process under the Fifth Amendment by canceling...
The Fifth Circuit affirmed denial of summary judgment for two Native American tribes and an environmental group in a challenge to a CWA §404 permit issued by the Army Corps of Engineers to expand operations at an oil export terminal on Texas' Gulf Coast. The tribes and group sought to invalidate th...
The D.C. Circuit denied environmental groups' challenge to FERC's authorization of a project to build two new natural gas pipelines in southwestern Louisiana. The groups argued FERC violated NEPA by failing to consider the project's effects on upstream greenhouse gas (GHG) emissions, failing to dete...
In an unpublished opinion, the Ninth Circuit affirmed in part and reversed in part a district court ruling in a lawsuit over a logging project in Kootenai National Forest. Conservation groups sued the Forest Service and FWS, arguing the project's approval violated the ESA, NEPA, and the National For...
The U.S. Supreme Court held, 5-4, that the CWA does not authorize EPA to include "end-result" provisions in NPDES permits, in a lawsuit concerning the Agency's issuance of a renewal permit for the city of San Francisco that added two such requirements. The city petitioned for review, arguing the req...
A district court denied environmental groups' motion to preliminarily enjoin a tornado recovery operations project in Hoosier National Forest. The groups argued the Forest Service improperly excluded the project from NEPA's research and reporting requirements and began implementing the project befor...