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...

The Ninth Circuit reversed a lower court decision dismissing an environmental group's ESA lawsuit against the U.S. Forest Service concerning the agency's approval of suction dredge mining projects in the Rogue River-Siskiyou National Forest. Because the Forest provides designated critical habitat fo...

The Ninth Circuit upheld California's "shark fin law", which bans the possession, sale, and distribution of shark fins within the state. An association claimed that the Magnuson-Stevens Fishery Conservation and Management Act preempts the law. But they failed to identify any actual conflict between ...

A district court held that an Idaho "ag-gag" law that criminalizes undercover investigations of agricultural production operations violates the U.S. Constitution. Under the law, a journalist or animal rights investigator can be convicted for not disclosing his media or political affiliations when re...

A district court held that DOI has unreasonably delayed agency action in the agency's review of an oil and gas drilling permit on BLM lands in Montana held sacred to Native Americans. Under the APA, agencies must decide issues presented to them within a reasonable time. Here, BLM initially approved ...

The D.C. Circuit denied an environmental group's petition for review challenging FERC's decision to issue a natural gas pipeline operator a certificate of public convenience and necessity to extend a natural gas pipeline in Maryland. The group argued that FERC's issuance of the conditional certifica...

A district court denied Alaska's request for a court order directing DOI to review the state's plan for the exploration of oil and gas resources in the Arctic National Wildlife Refuge (ANWR). When Congress enacted the Alaska National Interest Lands Conservation Act (ANILCA) in 1980, it authorized th...