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National Parks Conservation Ass'n v. Semonite

A district court dismissed groups' NEPA and CWA claims against the U.S. Army Corps of Engineers in connection with its approval of a 17-mile transmission line across the James River near historic Jamestown, Virginia. The Corps took a "hard look" at the project and properly determined that no EIS was...

Western Organization of Resource Councils v. U.S. Bureau of Land Management

A district court held that BLM violated NEPA by failing to adequately consider climate change in the resource management plans (RMPs) for Buffalo, Wyoming, and Miles City, Montana, both located within the coal-rich Powder River Basin. BLM's EISs failed to consider any alternative that would decrease...

Little Traverse Lake Property Owners Ass'n v. National Park Service

The Sixth Circuit affirmed a lower court decision dismissing residents' NEPA lawsuit against the National Park Service (NPS) concerning its approval of a scenic trailway through the Sleeping Bear Dunes National Lakeshore in Michigan. One of the alternative routes for the trailway, which NPS proposed...

In re Border Infrastructure Environmental Litigation

A district court upheld the U.S. Department of Homeland Security's (DHS') decision to waive the legal requirements of NEPA, ESA, and CZMA for two border wall construction projects in San Diego, California. DHS made its waiver determination under §102 of the Illegal Immigration Reform and Immigrant ...

The Trump Administration’s First Steps Toward Streamlining Environmental Reviews

On August 15, 2017, President Donald Trump issued an Executive Order entitled “Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects," which seeks to expedite federal review and approval of infrastructure projects by imposing new timelines and procedures, including a two-year deadline for completing reviews under NEPA and issuing permits for major infrastructure projects.