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NEPA Litigation Over Large Energy and Transport Infrastructure Projects

Despite five decades of experience, there is a considerable gap in legal and empirical study on the impacts of the National Environmental Policy Act (NEPA). Proponents of reform often claim NEPA litigation is a major obstacle for federal actions; others have concluded litigation is not a major contributor of project cost escalation or delays. This Article studies the incidence and conditions of infrastructure project litigation under NEPA, using a data set of 355 major transportation and energy infrastructure projects that completed a federal environmental study between 2010 and 2018.

Earth Island Institute v. Muldoon

The Ninth Circuit affirmed a district court's denial of a preliminary injunction to halt two projects to thin vegetation in Yosemite National Park in preparation for controlled burns. An environmental group had argued NPS violated NEPA by approving the projects without conducting a full review of th...

Center for Biological Diversity v. U.S. Forest Service

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to the Forest Service's and FWS' approval of a logging project in Kootenai National Forest. The groups argued, among other things, that the Services failed to take a "hard look" at th...

Eagle County, Colorado v. Surface Transportation Board

The D.C. Circuit granted in part and denied in part petitions to review a Surface Transportation Board order authorizing construction and operation of a new rail line in the Uinta Basin. Environmental groups and a Colorado county argued the Board failed to take a "hard look" at environmental impacts...

Held v. Montana

A state court held unconstitutional a provision of the Montana Environmental Policy Act that prohibited state agencies from considering the impacts of greenhouse gas (GHG) emissions on climate change in environmental reviews. A group of youths challenged the prohibition, arguing it was causing or co...

Western Watersheds Project v. United States Bureau of Land Management

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to BLM's 2020 decision to allow grazing in the Sonoran Desert National Monument. The groups argued the Bureau's amended resource management plan (RMP) violated FLPMA and the National ...