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Border Infrastructure Environmental Litigation

The Ninth Circuit affirmed a grant of summary judgment to the Department of Homeland Security for waiving applicable environmental laws to expedite construction of border barriers near San Diego and Calexico, California. Environmental groups argued that the Department exceeded its statutory authorit...

North American Butterfly Ass'n v. Nielsen

A district court dismissed a conservation group's suit to block the Department of Homeland Security from constructing a border wall near the National Butterfly Center in southern Texas. The group argued that the Department violated the Fourth Amendment by entering the Center without consent or warra...

Kanter Real Estate, LLC v. Department of Environmental Protection

A state appellate court reversed the Florida Department of Environmental Protection's order denying an oil and gas permit to a real estate company to drill an exploratory oil well in the Everglades. The company argued that the Department erred in substituting its factual findings for the administrat...

Mountain Valley Pipeline, LLC v. 6.56 Acres of Land

The Fourth Circuit affirmed district courts' injunction orders granting a pipeline company immediate possession of necessary easements along its FERC-approved pipeline route by eminent domain. Landowners argued that the district courts lacked authority under the Natural Gas Act to grant immediate po...