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Save Our Illinois Land v. The Illinois Commerce Commission
An Illinois appellate court set aside the Illinois Commerce Commission's decision to allow the Dakota Access oil pipeline to double its capacity by adding more pumping stations. Environmental groups argued the Commission, in its assessment of the public need for the stations, misinterpreted a prior ...
Cascadia Wildlands v. United States Forest Service
A district court granted environmental groups' motion to preliminarily enjoin wildfire logging projects in the Willamette National Forest. The groups argued the Forest Service violated NEPA by failing to perform supplemental analysis for the previously approved projects to account for the effects of...
Oklahoma v. United States Department of the Interior
A district court denied Oklahoma's motion for preliminary injunction in a lawsuit concerning OSM's decision to strip the state of its regulatory authority over surface mining on the Muscogee (Creek) Nation's reservation. Oklahoma sought to enjoin OSM from enforcing its decision, arguing that the sta...
The Constitutional Right to Save the Environment
More than 50 years ago, Franklin Kury drafted and championed an Environmental Rights Amendment to the Pennsylvania Constitution. His book, The Constitutional Question to Save the Planet: The Right to a Healthy Environment (ELI Press 2021), expands upon the story of his amendment to demonstrate how its principles can be the basis for addressing climate change in the rest of the world.
North Carolina Wildlife Federation v. North Carolina Department of Transportation
A district court granted summary judgment for the Federal Highway Administration (FHwA) in a challenge to FHwA's decision to allow the North Carolina Department of Transportation to construct a toll bridge across Currituck Sound near the Outer Banks. Environmental groups argued the decision relied o...
Alliance for the Wild Rockies v. Marten
A district court granted in part summary judgment for environmental groups in a challenge to FWS' and the Forest Service's decisions regarding a logging and prescribed burning project in the Helena-Lewis and Clark National Forest. The groups argued the Services violated the ESA by failing to reiniti...
Center for Community Action and Environmental Justice v. Federal Aviation Administration
The Ninth Circuit, 2-1, denied a petition for review challenging FAA's decision that found no significant environmental impact stemming from construction and operation of an air cargo facility at the San Bernardino International Airport. The state of California, environmental groups, a union, and in...