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Sierra Club, Inc. v. United States Forest Service

The Fourth Circuit vacated and remanded BLM's decision granting a right-of-way through federal land for construction of a pipeline and the U.S. Forest Service's decision to amend the Jefferson National Forest Land Resource Management Plan to accommodate the right-of-way and pipeline construction. En...

Defenders of Wildlife v. United States Army Corps of Engineers

A district court denied in part environmental groups' motion for summary judgment challenging BLM's and the U.S. Army Corps of Engineers' approval of a project to replace a wooden diversion weir with a concrete dam along the Yellowstone River. The groups argued that the agencies' EIS violated NEPA b...

Oglala Sioux Tribe v. U.S. Nuclear Regulatory Commission

The D.C. Circuit granted in part a Native American tribe's petition to review NRC's license decision for construction of a uranium mining project in the Black Hills of South Dakota. The tribe, which has historical ties to the proposed project area, argued that the agency failed to comply with NEPA b...

Big Bend Conservation Alliance v. Federal Energy Regulatory Commission

The D.C. Circuit denied an environmental group's petition to review FERC orders authorizing facilities to export natural gas from the United States to Mexico. The group argued that FERC, in addition to exercising jurisdiction over the export facilities at the border, also should have exercised juris...

Berkley v. Mountain Valley Pipeline, LLC

The Fourth Circuit affirmed a lower court's dismissal of landowners' challenge to FERC's approval of a natural gas pipeline. The landowners argued that the agency's practice of letting pipeline builders use eminent domain authority to take land once their project is approved is unconstitutional beca...

Adorers of the Blood of Christ v. Federal Energy Regulatory Commission

The Third Circuit affirmed a lower court's dismissal of a religious group's challenge to FERC's approval of a natural gas pipeline along land owned by the group. The group objected to the use of their land as part of the project, explaining that their deeply held religious beliefs require that they ...

New York v. BP P.L.C.

A district court granted oil companies' motion to dismiss New York City's case seeking damages for global warming-related injuries caused by greenhouse gas emissions resulting from combustion of the companies' fossil fuels. The companies argued that the city's claims should be dismissed because they...

Atchafalaya Basinkeeper v. United States Army Corps of Engineers

The Fifth Circuit vacated a lower court's decision to preliminarily enjoin a pipeline company from constructing part of a pipeline through the Atchafalaya Basin, a sensitive wetlands area in southern Louisiana. Environmental groups argued that the EAs conducted by the U.S. Army Corps of Engineers (C...

American Rivers v. Federal Energy Regulatory Commission

The D.C. Circuit vacated a license renewal that FERC granted for a power plant on the Coosa River. Environmental groups argued that the agency violated the Federal Power Act, NEPA, and the ESA when it issued the power company's license. The appellate court agreed, finding that the EA and biological ...