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NEPA Litigation Over Large Energy and Transport Infrastructure Projects

Despite five decades of experience, there is a considerable gap in legal and empirical study on the impacts of the National Environmental Policy Act (NEPA). Proponents of reform often claim NEPA litigation is a major obstacle for federal actions; others have concluded litigation is not a major contributor of project cost escalation or delays. This Article studies the incidence and conditions of infrastructure project litigation under NEPA, using a data set of 355 major transportation and energy infrastructure projects that completed a federal environmental study between 2010 and 2018.

Conservation Law Foundation, Inc. v. Academy Express

A district court granted summary judgment for several bus companies in a CAA citizen suit alleging that the companies excessively idled their buses in violation of Massachusetts and Connecticut law. The companies moved for summary judgment, asserting the group lacked standing. The court found the co...

Earth Island Institute v. Muldoon

The Ninth Circuit affirmed a district court's denial of a preliminary injunction to halt two projects to thin vegetation in Yosemite National Park in preparation for controlled burns. An environmental group had argued NPS violated NEPA by approving the projects without conducting a full review of th...