In an unpublished opinion, the D.C. Circuit affirmed dismissal of a challenge to FWS' failure to provide notice and comment on its guidelines for creating species status assessments. An environmental group had argued that FWS violated the ESA by failing to put the guidelines through notice and comme...

The D.C. Circuit dismissed a nonprofit group's petition to review DOE's rule concerning the designation of critical electric infrastructure information. The group argued the rule exceeded DOE's authority under §215A of the Federal Power Act, was arbitrary and capricious, and was promulgated in viol...