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89 FR 55933

The Defense Threat Reduction Agency (DTRA) adopted DOE's electric vehicle charging stations categorical exclusion under NEPA to use in DTRA programs and funding opportunities administered by the agency. 

89 FR 54411

The Forest Service adopted multiple categorical exclusions from the Department of Commerce, DOE, BLM, National Telecommunications and Information Administration, and Bureau of Indian Affairs for future application to Service decisions concerning land management activities that are similar in nature.

Nessel v. Enbridge Energy, LP

The Sixth Circuit reversed a district court ruling in a lawsuit concerning the Line 5 Pipeline that runs underwater across the Straits of Mackinac between Michigan’s Lower and Upper Peninsulas. Michigan's attorney general (AG) initially sued the pipeline owner in state court, seeking to enjoin con...

Earthworks v. United States Department of the Interior

The D.C. Circuit, 2-1, affirmed summary judgment for BLM in a challenge to the agency's 2003 final rule withdrawing a proposed rule that would have limited the maximum size of "mill sites" for mining claims on federal lands and instead codifying the agency's historical understanding that the governi...

Food & Water Watch v. Federal Energy Regulatory Commission

The D.C. Circuit denied petitions to review FERC's approval of a project that would expand service on a natural gas pipeline running from western Pennsylvania to the New York metropolitan area. A nonprofit group argued FERC's EIS failed to quantify greenhouse gas (GHG) emissions from upstream drilli...

Net Metering of Rooftop Solar: A Jurisdictional Challenge on the Horizon

The total electricity generated by rooftop solar has increased tenfold over the past decade, and the number of American homes with rooftop solar increases by the day. Despite the rapid rise of solar, in 2022, total solar generation, including small-scale rooftop solar and large-scale utility solar, only made up 3.4% of the American electricity grid, while fossil fuels made up the majority. This Comment argues that the U.S.