The Tenth Circuit, 2-1, reversed a district court ruling in a challenge to the Forest Service's approval of a 2020 management plan amendment for the Thunder Basin National Grassland in northeastern Wyoming. Conservation groups had argued the amendment failed to comply with the ESA and NEPA. The dist...

A district court held that the Army Corps of Engineers violated the CWA and NEPA by issuing a dredge-and-fill permit to a municipal water utility to allow a dam expansion project in Denver. Environmental groups argued the Corps violated the CWA by excluding alternatives as impracticable based on an ...

In an unpublished opinion, the Ninth Circuit affirmed dismissal of a challenge to the Forest Service's approval of sheep grazing allotments in Beaverhead Deerlodge National Forest. An environmental group argued the Service overlooked new information on grizzly bear mortality and conflicts with sheep...

The Hawaii Supreme Court held that greenhouse gases (GHGs) were "pollutants" under several insurance policies' pollution exclusions and that an "accident" included an insured's reckless conduct for purposes of a challenge against fossil fuel companies for climate change-related harms. The city and c...

A district court dismissed for lack of subject matter jurisdiction a nonprofit group's challenge to the Forest Service's and BLM's herd management plan for wild horses and burros in Humboldt-Toiyabe National Forest. The group argued the agencies arbitrarily and capriciously authorized use of surgica...

A district court granted Colorado parks and wildlife agencies' motion to dismiss a lawsuit challenging the reintroduction of gray wolves in the state. A conservation group argued the agencies violated NEPA by failing to conduct or complete the environmental review process required for wolf introduct...

A district court granted in part and denied in part summary judgment in environmental groups' challenge to BLM's approval of land management plans designating route networks for off-highway vehicles (OHVs) in the western Mojave Desert. The groups argued the 2019 OHV route network violated FLPMA, NEP...

In an unpublished opinion, the Sixth Circuit granted environmental groups' motion to stay CWA permits issued for construction of a proposed pipeline in Tennessee. The groups argued the Tennessee Department of Environment and Conservation (TDEC) and the Army Corps of Engineers violated the CWA by fai...

A district court denied USDA's motion to alter judgment in a lawsuit challenging the Natural Resources Conservation Service's (NRCS') 2020 final rule concerning pre-1996 wetland certifications. An environmental group had challenged the rule, arguing it violated the APA, the ESA, and NEPA. The court ...

The D.C. Circuit, 2-1, denied petitions to review FERC's orders requiring a generator to upgrade its circuit breaker in order for another power source to safely connect to the regional transmission grid and requiring the new source to compensate the generator for direct costs of the upgrade. The gen...