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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.

Montana Wildlife Federation v. Haaland

The Ninth Circuit affirmed in part and reversed in part two district court rulings in lawsuits concerning policies governing oil and gas lease sales conducted by BLM on protected sage-grouse habitat. Environmental groups filed suit in Idaho and Montana, challenging certain sales conducted under guid...

Sierra Club v. United States Department of Transportation

The D.C. Circuit vacated the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) 2020 rule authorizing the transportation of liquefied natural gas by rail in newly designed tank cars without a permit. Environmental groups, several states, and an Indian tribe petitioned for review, arg...

San Luis Valley Ecosystem Council v. Dallas

A district court denied conservation groups' petition to review the Forest Service's approval of a revised management plan for the Rio Grande National Forest. The groups argued the Service's approval violated the National Forest Management Act and the 2012 Planning Rule by not including species-spec...

Ondrusek v. United States Army Corps of Engineers

The Fifth Circuit reversed in part a district court's dismissal of a lawsuit brought by property owners against the city of Dallas and the Army Corps of Engineers concerning an ongoing floodway extension project. The owners argued the Corps' failure to prepare a supplemental EIS to account for new i...

Blue Mountains Biodiversity Project v. United States Forest Service

In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its approval of a 40,000-acre logging project in Malheur National Forest. An environmental group argued the Service violated NEPA by failing to adequately assess cumulative impacts, failin...