The Third Circuit dismissed for lack of jurisdiction a chemical company's petition to review EPA's health advisory for HFPO-DA, a chemical found in drinking water. The company argued the advisory violated both the procedural and substantive requirements of the APA and the nondelegation doctrine. The...
The D.C. Circuit vacated FERC's approval of an expansion project for a natural gas pipeline that runs through New Jersey, New York, Delaware, Maryland, and Pennsylvania. Environmental groups petitioned to review the approval, arguing FERC arbitrarily overlooked significant environmental consequences...
The D.C. Circuit denied a petition to review EPA's 2023 regulations that imposed new reporting requirements on biogas producers. An industry group argued, among other things, that EPA had no authority to regulate biogas producers and that three categories in the regulations—those related to biogas...
In a per curiam order, the D.C. Circuit denied states' and industry groups' motions to stay EPA's rule aimed at reducing pollution from fossil fuel power plants. Petitioners argued EPA acted arbitrarily and capriciously in determining that carbon capture and other emission control technologies were ...
A district court remanded without vacatur the Bureau of Ocean Energy Management's (BOEM's) final EIS and record of decision (ROD) for a 2022 oil lease sale in Alaska's Cook Inlet. Environmental groups argued BOEM's review of the lease sale and ROD violated NEPA, and moved to remand and vacate both. ...
The Ninth Circuit denied a motion for rehearing or reconsideration en banc of its mandamus order in a climate liability suit brought by 21 young people against the U.S. government.
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The D.C. Circuit granted in part and denied in part petitions to review FERC's authorization of construction and operation of liquefied natural gas facilities in southwestern Louisiana. Environmental groups argued FERC did not properly address NEPA and Natural Gas Act requirements. The court found F...
The D.C. Circuit affirmed a Federal Communications Commission (FCC) order licensing a new satellite system. An environmental group argued the FCC's decision not to perform an environmental review of light pollution and atmospheric effects of the system violated NEPA. The court found the license fell...
The D.C. Circuit dismissed a petition to review DOE's decision to remove a free-trade restriction on liquefied natural gas (LNG) exports. An environmental group challenged the removal, arguing a Texas LNG terminal's increased flexibility to select export countries will cause its actual exports to in...
A district court adopted in part, modified in part, and rejected in part a magistrate judge's findings and recommendations in a challenge to FWS' biological opinion (BiOp) for Flathead National Forest's 2018 revised land management plan. Environmental groups argued FWS and the Forest Service violate...