The D.C. Circuit denied industry groups’ petition for review of a Mine Safety and Health Administration (MSHA) decision to enforce a final exposure limit standard for exposure of miners in metal and non-metal underground mines to diesel particulate matter (DPM) in diesel exhaust. This decision...

The Ninth Circuit affirmed in part and vacated in part a lower court decision related to the United States’ effort to recoup under the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 (Settlement Act) excess diversions of water that an irrigation district permitted over man...

The D.C. Circuit denied a petition to review FERC's approval of a construction project that would allow a natural gas importer to import greater quantities of liquefied natural gas and distribute it in gaseous form. The petitioner, a utility, argued that higher volumes of regasified liquefied natura...

A district court held that the Bureau of Indian Affairs' (BIA's) supplemental environmental assessment (EA) and revised finding of no significant impact (FONSI) for a proposed casino on Native American land held in trust by the United States complied with the National Environmental Policy Act (NEPA)...

The Fifth Circuit vacated the Federal Energy Regulatory Commission's (FERC's) decision that two natural gas pipelines perform a "transportation" function rather than a "gathering" function, thereby subjecting them to FERC jurisdiction's under the Natural Gas Act. Natural gas flows from gathering pip...

A district court held that the Bureau of Land Management (BLM) improperly segmented its analysis of a petroleum pipeline construction project in violation of the National Environmental Policy Act. The BLM erroneously determined that the pipeline segment had independent utility from another proposed ...

The court vacated a lower court order denying environmental groups' motion for attorneys fees in an underlying case challenging a surface mining operation permit. In that case, the groups sought, and eventually obtained, a writ of mandamus setting aside the permit. Pursuant to California Code of Civ...

The court upholds a district court decision that the U.S. Navy's environmental impact statement (EIS) for the construction of an aircraft landing field in North Carolina was deficient under the National Environmental Policy Act (NEPA), but it vacates the court's injunction of the project as overly b...

A court dismisses an environmental group's Endangered Species Act (ESA) and National Environmental Policy Act claims against the U.S. Fish and Wildlife Service and National Oceanic and Atmospheric Administration Fisheries concerning logging activity on private lands in Humboldt County, California, a...

The court holds that the U.S. Army Corps of Engineers complied with the National Environmental Policy Act in connection with its plan to preserve an aquifer in the Grand Prairie Region in East Central Arkansas, a major rice producing area. The plan includes the construction of a system that would pu...