A district court denied an environmental group's motion to preliminarily enjoin the DOE from providing funding assistance for the construction and operation of a coal-fired power plant in Mississippi. Before granting the funding, the DOE issued an EIS evaluating the funding's environmental effects, ...
A district court held that DOE complied with NEPA when it determined that the construction of a "supercomputer" project on a college campus would have no significant environmental impact and did not require an EIS. The EA took a hard look at direct and indirect greenhouse gas (GHG) emissions, adequa...
The D.C. Circuit upheld BLM’s decision to allow additional natural gas drilling in the Pinedale Anticline Project Area of western Wyoming. In 2008, the BLM adopted a record of decision (ROD) that, among other things, authorized the development of more natural gas wells than a previous ROD had sanc...
The Tenth Circuit affirmed a lower court decision dismissing a lawsuit challenging the Forest Service's approval of a ski area improvement project near Aspen, Colorado. A conservation group alleged that the Forest Service violated NEPA by approving the project without examining certain cumulative ef...
A district court upheld the U.S. Forest Service's environmental review of a coal mine expansion project in the Grand Mesa, Uncompahgre, and Gunnison National Forests. An environmental group argued that the final EIS failed to adequately consider methane capture and flaring as reasonable alternatives...
The D.C. Circuit vacated and remanded the FAA's "no hazard" determinations for a proposed offshore wind farm in Nantucket Sound. A town and a citizens group filed suit arguing that the FAA violated its governing statute, misread its own regulations, and arbitrarily and capriciously failed to calcula...
The court affirms in part and reverses in part a district court decision upholding U.S. Department of the Interior (DOI) regulations that govern damage to land, structures, and certain water supplies caused by mining subsidence. The court first holds that a regulation establishing a rebuttable presu...