The court denies a utility reform group's petition challenging power sale contract amendments between the Bonneville Power Administration (BPA) and several direct service industries. In response to an energy crisis, the BPA developed a load reduction program that provided for consumer conservation, ...
The court reverses a district court decision that environmental groups failed to establish both standing and ripeness in their National Environmental Policy Act (NEPA) and Endangered Species Act (ESA) challenges to a U.S. Department of Agriculture (USDA) rule defining the new national forest managem...
The court reverses and remands a district court's approval of a final environmental impact statement (EIS) that failed to discuss and respond to seven scientific studies casting doubt on the U.S. Forest Service's conclusion that northern goshawks are habitat generalists. In response to the Forest Se...
The U.S. Supreme Court held that the Federal Motor Carrier Safety Administration (FMCSA) did not violate NEPA, relevant CEQ regulations, or the CAA when it failed to evaluate the environmental impact of increased cross-border operations of Mexican motor carriers in its EA because any environmental i...
The Sixth Circuit held that a district court improperly failed to vacate or modify an injunction that prevented the Federal Highway Administration (FHwA) from revisiting its decision regarding a highway extension. An environmental group sued to enjoin construction, stating that the project required ...
The D.C. Circuit held that FERC complied with NEPA in approving a company's application for a certificate of public convenience and necessity to construct a pipeline extension through Southwest Virginia and North Carolina. FERC's process for ventilating and analyzing potential environmental impacts ...
The Ninth Circuit affirmed in part and reversed in part a lower court decision concerning challenges to a plan to redirect water from the Sacramento River Basin back to the Trinity River in order to revive its chinook salmon, coho salmon, and steelhead trout populations. Contrary to the lower court'...
The D.C. Circuit granted several municipalities' petition to review an FAA order allowing Chicago to impose a $4.50 passenger facility fee to fund an EIS being prepared in connection with the modernization of O'Hare International Airport. Under the Federal Aviation Act of 1958, the FAA must find, am...
A district court granted environmental groups' motion to preliminarily enjoin the Secretary of Commerce from implementing his finding under the International Dolphin Conservation Program Act that the intentional deployment on, or encirclement of, dolphins with purse seine nets is not having a signif...
The Tenth Circuit upheld the dismissal of a timber company's claim challenging the U.S. Forest Service's Historical Preservation Plan (HPP) for the Medicine Wheel National Historic Landmark and Vicinity in the Bighorn National Forest. The Forest Service rejected the company's challenge to the HPP, w...