The Second Circuit held that New York's moratorium on hydraulic fracturing did not allow energy companies to extend oil and gas leases they entered into with landowners. The leases contained "force majeure" clauses, excusing the parties from nonperformance due to events outside their control, as wel...

The D.C. Circuit held that USDA's failure to apply general animal welfare standards to birds does not violate the APA. In 2004, USDA announced that it intended to apply the protections of the Animal Welfare Act (AWA) to birds. Although the Agency has taken steps to craft avian-specific animal welfar...

A district court held that FWS violated NEPA when it issued a rule increasing from five years to 30 years the maximum duration of programmatic permits for wind energy developers to take bald and golden eagles. FWS issued the rule in hopes of promoting renewable energy projects. But when it issued th...