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A Road Map to Net-Zero Emissions for Fossil Fuel Development on Public Lands
In producing over 274 million barrels of oil, 3.3 billion cubic feet of natural gas, and 302 million tons of coal each year, the Bureau of Land Management’s (BLM’s) decisions significantly impact U.S. and global greenhouse gas emissions; fossil fuels produced on federal land account for almost 24 percent of all U.S. CO2 emissions. This Article provides a legal road map for BLM to require all new oil and gas development to achieve net-zero emissions as a condition of operation.
San Luis Valley Ecosystem Council v. Dallas
A district court denied conservation groups' petition to review the Forest Service's approval of a revised management plan for the Rio Grande National Forest. The groups argued the Service's approval violated the National Forest Management Act and the 2012 Planning Rule by not including species-spec...
Ondrusek v. United States Army Corps of Engineers
The Fifth Circuit reversed in part a district court's dismissal of a lawsuit brought by property owners against the city of Dallas and the Army Corps of Engineers concerning an ongoing floodway extension project. The owners argued the Corps' failure to prepare a supplemental EIS to account for new i...
Blue Mountains Biodiversity Project v. United States Forest Service
In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its approval of a 40,000-acre logging project in Malheur National Forest. An environmental group argued the Service violated NEPA by failing to adequately assess cumulative impacts, failin...
Cottonwood Environmental Law Center v. Olson
In an unpublished opinion, the Ninth Circuit affirmed dismissal of a challenge to the Forest Service's approval of sheep grazing allotments in Beaverhead Deerlodge National Forest. An environmental group argued the Service overlooked new information on grizzly bear mortality and conflicts with sheep...
Front Range Equine Rescue v. Vilsack
A district court dismissed for lack of subject matter jurisdiction a nonprofit group's challenge to the Forest Service's and BLM's herd management plan for wild horses and burros in Humboldt-Toiyabe National Forest. The group argued the agencies arbitrarily and capriciously authorized use of surgica...
Sierra Club v. Tennessee Valley Authority
A district court denied summary judgment for an environmental group in a challenge to the Tennessee Valley Authority's (TVA's) decision to build a gas-fired power plant in Tennessee. The group argued the EA violated NEPA, and that TVA's decision to issue a FONSI and not to prepare an EIS was arbitra...
Buffalo River Watershed Alliance v. United States Forest Service
A district court denied summary judgment for an environmental group in a challenge to the Forest Service's approval of a tree-thinning project in Ozark National Forest. The group argued the Service violated NEPA by failing to take a "hard look" at certain environmental issues and failing to prepare ...