Tribal groups argued NMFS violated NEPA in adopting the harvest specifications because they relied on outdated EISs despite dramatic changes to the ecosystem that necessitated an updated environmental analysis. The court found the specifications were not arbitrary and capricious because NMFS conclud...

A district court granted the Army Corps of Engineers' motion to dismiss a developer's challenge to the Corps' 2012 jurisdictional determination over certain wetlands in Virginia. The developer challenged the Corps' significant nexus finding between the wetlands and the Northwest River, arguing the s...

The D.C. Circuit denied environmental groups' petitions to review NRC's denial of their requests to intervene in licensing proceedings for construction and operation of a spent nuclear fuel storage facility in New Mexico. An energy company had applied for a license to construct and operate the facil...

A district court granted DOE's motion to dismiss a lawsuit over the social and economic impacts of storing spent nuclear fuel at Idaho National Laboratory (INL). Butte County argued DOE should have determined the social and economic impacts of storing the materials at INL because they were there pur...

The Fifth Circuit granted oil and gas interest groups' and the state of Texas' petition to review NRC's issuance of a license to a private company to operate a temporary storage facility for spent nuclear fuel on the Permian Basin. Petitioners argued, among other things, that NRC lacked statutory au...

The Ninth Circuit reversed a district court order denying the U.S. Chemical Safety and Hazard Board's petition to enforce subpoenas issued against an oil company following an explosion and chemical release at one of its refineries. The district court found that 29 of the subpoenas were enforceable, ...

Pennsylvania's highest court largely upheld a temporary injunction enjoining the state environmental agency from enforcing certain regulations governing unconventional oil and gas operations. The court reversed the lower court's issuance of the injunction on just two issues. Contrary to the ruling o...

A district court granted South Carolina's motion to preliminarily enjoin DOE from terminating a mixed-oxide fuel fabrication facility project currently under construction until the case can be decided on its merits. The project is designed to turn weapons-grade plutonium into commercial reactor fuel...

The Second Circuit affirmed a lower court decision that CERCLA preempts state tort law claims brought by residents living near the Onondaga Lake Superfund site. The owner of the site undertook remedial action pursuant to a federal consent decree. The residents argued, on a state tort law theory, tha...

The Ninth Circuit upheld a preliminary injunction enjoining California Department of Public Health officials from enforcing the California Medical Waste Management Act (MWMA) against a medical waste facility with regard to how it disposes of medical waste at facilities outside the state. The facilit...