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Sovereign Iñupiat for a Living Arctic v. Bureau of Land Management
A district court denied environmental groups' motions to enjoin an oil company from undertaking construction this winter on an oil and gas project in the National Petroleum Reserve-Alaska. One group argued BLM violated the ESA by inappropriately relying on uncertain Marine Mammal Protection Act miti...
Biden v. Sierra Club
The U.S. Supreme Court granted the Biden Administration's request to cancel arguments and suspend further proceedings in a lawsuit concerning the Trump Administration's plans to build a border wall along the U.S.-Mexico border., full_html...
Environmental Defense Fund v. U.S. Environmental Protection Agency
A district court granted summary judgment for environmental groups in a challenge to EPA's decision to make its Regulatory Science rule effective immediately upon publication in the Federal Register. The groups argued EPA's decision violated the APA's 30-day notice requirement after publication of a...
Montana Environmental Information Center v. Bernhardt
A district court denied a motion for preliminary injunction in a challenge to DOI's approval of a mine expansion in Montana. Conservation groups argued the Department's EIS failed to sufficiently consider the cumulative impacts of mining on local water resources, failed to consider a reasonable rang...
Standing Rock Sioux Tribe v. United States Army Corps of Engineers
The D.C. Circuit affirmed in part and reversed in part a lower court order vacating a Mineral Leasing Act easement issued by the Army Corps of Engineers for the Dakota Access Pipeline and directing the pipeline to be shut down. Native American tribes argued the Corps' issuance of the easement withou...
Down the Rabbit Hole With the IRS’ Challenge to Perpetual Conservation Easements, Part One
When the Internal Revenue Service began disallowing gifts of perpetual conservation easements for claimed failures of perpetuity requirements, it tumbled land trusts, landowners, and the U.S. Tax Court down the rabbit hole to a baffling land below. The Service’s drop into matters beyond valuation and into elements intended and necessary for easement durability and flexibility has caused a confusing array of Tax Court decisions.