The Ninth Circuit, 2-1, reversed summary judgment for the Forest Service in a challenge to its approval of a mineral exploration project on land in Inyo National Forest. Environmental groups argued the Service violated NEPA by combining two categorical exclusions (CEs) when neither alone could be in...

The D.C. Circuit rejected challenges to renewable fuels standards EPA set for 2020, 2021, and 2022. Cellulosic biofuel producers argued the standards were set too low, and petroleum refiners argued they were set too high. Specifically, the biofuel producers argued EPA misinterpreted or unreasonably ...

The Third Circuit denied power companies' petition to review EPA's issuance of a federal implementation plan (FIP) establishing nitrogen oxide (NOx) emission limits for selective catalytic reduction-equipped coal-fired electric generating units in Pennsylvania to address reasonably available control...

The D.C. Circuit affirmed summary judgment for the Army Corps of Engineers and NMFS in a challenge to approval of a dredging project in Puerto Rico's San Juan Bay. Environmental groups argued the agencies failed to take the necessary "hard look" at the project's environmental effect. The district co...

The Fifth Circuit rejected an environmental group's challenge to the Louisiana Department of Environmental Quality's (LDEQ's) decision to issue preconstruction permits for a liquefied natural gas export facility in Cameron Parish. The group sought to have LDEQ's decision vacated, arguing the facilit...

The D.C. Circuit denied environmental groups' petition to review FERC's certification of an interstate natural gas pipeline expansion project. The groups argued FERC violated NEPA by failing to consider the full scope of the project's environmental effects because the EIS did not include four other ...