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...
A district court denied an animal rights group's motion for summary judgment in a challenge to permits and safe harbor agreements (SHAs) issued by FWS for an experiment on nonfederal land to gain data on the relationship between barred owl removal and northern spotted owl recovery. The group argued ...
The D.C. Circuit vacated EPA's Affordable Clean Energy Rule that repealed and replaced the Clean Power Plan as a means of regulating power plants' greenhouse gas emissions. A group of public health petitioners sought review of the rule's conclusion that §7411 of the CAA only permitted emission redu...
A district court denied a motion to preliminarily enjoin BLM from authorizing construction of a helium drilling project on public lands near the Labyrinth Canyon Wilderness in southeastern Utah. Environmental groups argued BLM violated NEPA by failing to analyze the cumulative impacts of water use r...
A district court denied a motion to preliminarily enjoin construction of a power transmission line through the Western Maine Mountains. Environmental groups challenged the Army Corps of Engineers' decision to issue a CWA/Rivers and Harbors Act permit for the line without preparing an EIS, arguing th...
A district court denied motions to preliminarily enjoin BLM from issuing oil and gas leases and authorizing seismic activity in the Arctic National Wildlife Refuge. Indigenous and environmental groups argued that BLM violated, among other statutes, the Alaska National Interest Lands Conservation Act...
The Fifth Circuit denied petitions to review EPA's 2018 redesignation of Bexar County, Texas, from attainment to nonattainment and designation of three neighboring counties as attainment/unclassifiable for 2015 ozone NAAQS. Texas argued EPA only had authority to change the state's recommended design...