A district court upheld the U.S. Department of Homeland Security's (DHS') decision to waive the legal requirements of NEPA, ESA, and CZMA for two border wall construction projects in San Diego, California. DHS made its waiver determination under §102 of the Illegal Immigration Reform and Immigrant ...

A district court held that San Francisco and Oakland, California, may not remove back to state court their climate change public nuisance actions against several oil companies. The defendants—the largest cumulative producers of fossil fuels worldwide—timely invoked federal common law as a ground...

The Ninth Circuit held that NOAA did not go beyond its authority when it took climate change into account when considering the ESA status of the Arctic ringed seal. In 2012, NOAA listed the Arctic ringed seal as threatened based on projected sea ice loss. Oil and gas companies challenged the ruling,...

The D.C. Circuit denied a environmental group's petition to review a FERC decision allowing the transport of liquefied natural gas (LNG) from the Freeport Terminal in Texas. In 2011, an energy company requested permission for daily exports of LNG out of Freeport. FERC granted the application, findin...

A district court halted the expansion of a Montana coal mine approved by the Surface Mining Enforcement Office for violations of NEPA. In 2008, a coal company requested approval of a mine expansion in the Bull Mountains to extract coal owned by the federal government. In 2011, BLM prepared an EA to ...