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Environmental Defense Center v. Bureau of Ocean Energy Management
The Ninth Circuit affirmed in part and reversed in part a district court's grant of summary judgment in a challenge to the Bureau of Ocean Energy Management's and the Bureau of Safety and Environmental Enforcement's authorization of well stimulation treatments on offshore oil drilling platforms in t...
Public Employees for Environmental Responsibility v. National Park Service
A district court granted in part and denied in part summary judgment for environmental groups in a challenge to the National Park Service's (NPS') policy directive instructing park superintendents to allow e-bikes in areas where traditional bikes were used, and subsequent rule amending NPS regulatio...
Citizens for a Healthy Community v. United States Department of Interior
A district court granted in part and denied in part BLM's and the Forest Service's motion to remand a challenge to the agencies' approval of a master development plan concerning oil and gas development activities on Colorado's Western Slope. Environmental groups argued the agencies violated NEPA by ...
Rhode Island v. Shell Oil Products, Co., L.L.C.
The First Circuit again affirmed a district court order that remanded to state court Rhode Island's climate change lawsuit against oil companies. The district court concluded that none of the companies' grounds for removal—federal officer, federal question, Outer Continental Shelf Lands Act, admir...
Louisiana v. Biden
In an emergency order, the U.S. Supreme Court denied several states' application to vacate the Fifth Circuit's stay of a district court ruling that had enjoined federal agencies from implementing interim estimates on the social cost of greenhouse gas emissions.
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West Virginia v. Environmental Protection Agency: The Agency's Climate Authority
On February 28, 2022, the U.S. Supreme Court heard oral arguments for the landmark West Virginia v. EPA case, involving the scope of powers delegated to the U.S. Environmental Protection Agency (EPA) through the Clean Air Act. The Court’s decision will affect administrative law, and could have major consequences for environmental law, particularly the Agency’s power to regulate greenhouse gas emissions and take action on climate change.
Cottonwood Environmental Law Center v. Marten
In an unpublished opinion, the Ninth Circuit affirmed dismissal of a lawsuit concerning the Forest Service's 1987 plan for Custer Gallatin National Forest. An environmental group argued that NEPA obligated the Service to supplement its EIS for the plan after recognizing in 2012 that climate change n...