The D.C. Circuit held that a lower court improperly dismissed individuals' National Environmental Policy Act and National Historic Preservation Act claims against the Secretary of the Army and developers in connection with the closure and redevelopment of Fort Ritchie, a former U.S. Army base in wes...

The Eighth Circuit held that the U.S. Army Corps of Engineers did not violate the National Environmental Policy Act (NEPA) when it implemented certain revisions to the operational document for the Missouri River Mainstem Reservoir System without preparing a supplemental environmental impact statemen...

The D.C. Circuit held that the U.S. Department of the Interior's (DOI's) approval of a proposed casino on Native American lands did not violate the National Environmental Policy Act (NEPA). An internal DOI document states that proposals for "large" and/or "potentially controversial" gaming establish...

The Fourth Circuit held that the Natural Gas Act (NGA) preempts a county bill prohibiting the siting of any liquefied natural gas (LNG) terminal within 1,000 feet from the Chesapeake Bay and its tributaries. The bill is an amendment to the state's critical management plan (CMP) because it imposes a ...

The Fifth Circuit dismissed as moot an environmental group's Clean Water Act (CWA) citizen suit against a city for violating its separate storm sewer system permit. The lower court dismissed the case on grounds that it was barred by res judicata. But because a consent decree in a prior U.S. Environm...

The Tenth Circuit held that the Federal Mineral Leasing Act (FMLA) does not provide political subdivisions of a state an implied cause of action to challenge the state's allocation of federal mineral royalties received under the Act. FMLA §191 directs the federal government to return 50% of fed...

The Fifth Circuit upheld a lower court order giving an aluminum company more time to build a power plant than originally agreed to in a consent decree that resolved alleged Clean Air Act violations at the company's manufacturing plant. After the company failed to meet the decree's deadline for comme...

The Ninth Circuit held that Native American tribes lacked standing to enforce a consent decree entered into by a mining company and the federal government for Resource Conservation and Recovery Act violations at the company's phosphorous plant located on land within a tribal reservation. In addition...

The First Circuit denied a petition for review of a Federal Aviation Administration (FAA) order permitting the construction of a new taxiway at Boston's Logan International Airport. The new taxiway is intended to ease congestion at the airport, thereby reducing the amount of time planes spend idling...

The Ninth Circuit held that a Canadian corporation that markets and distributes electric power in the United States is a "foreign state" within the meaning of the Foreign Sovereign Immunities Act of 1976 and, therefore, is entitled to a federal bench trial in a case alleging it had "manipulated the ...