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Southern Utah Wilderness Alliance v. United States Department of the Interior
A district court granted the state of Utah's and an oil and gas company's motions to dismiss a challenge to four leasing decisions made from 2018 through 2019, under which BLM issued 145 oil and gas leases on public lands throughout eastern Utah. An environmental group argued BLM violated NEPA and t...
South Carolina Coastal Conservation League v. United States Army Corps of Engineers
The Fourth Circuit affirmed a district court's denial of a motion to temporarily enjoin construction on a real estate development project in South Carolina. Environmental groups argued the CWA §404 permit issued for the project violated the ESA by using a habitat surrogate to set the level of antic...
Delmarva Fisheries Ass'n, Inc. v. Atlantic States Marine Fisheries Commission
The Fourth Circuit vacated a district court order that denied a motion to preliminarily enjoin the Atlantic States Marine Fisheries Commission's recommended fishery management plan (FMP) for striped bass. A trade group, a group of charter boat captains, and two individuals operating in Maryland sued...
Dispelling the Myths of Permitting Reform and Identifying Effective Pathways Forward
Four myths are distorting the national debate over permit reform. First, it is misconceived as a singular issue, with the National Environmental Policy Act (NEPA) at its center. Second, reformers assume that federal reviews and permitting cause most project delays and failures. Third, there is a widespread belief that environmental laws are routinely weaponized against new infrastructure through obstructive litigation. Fourth, critics assert that environmental procedures and standards must be sacrificed to enable timely climate action.